Dismissed

Devara Konda Suresh v. The State of Andhra Pradesh

Andhra Pradesh HC15 Sept 2026WP/13277/2026

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus directing the Ananthapuramu District Co-operative Marketing Society to hand over possession of a temporary shed for which he claimed to have deposited earnest money. The Society stated no public auction was conducted and the deposit was only an advance for future allotment. The property is under dispute, with a prior writ petition by the occupant (respondent 7) disposed of with directions to follow due process. The High Court closed the writ petition, leaving the petitioner to recover the deposited amount from the Society.

What did the court decide?

Writ petition closed; petitioner left to claim the deposited amount of Rs.1,00,000/- from the 6th respondent.

Devara Konda Suresh Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2026)

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APHC010246162026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3457]

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WEDNESDAY, THE 16^th DAY OF SEPTEMBER 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 13277/2026

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Between:

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DEVARA KONDA SURESH, S/O.THAYANNA, R/O D.NO. 17-1-292-4, RV NAIDU COLONY, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH - 515001

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND MARKETING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI- 522237

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THE DISTRICT COLLECTOR, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT - 515001

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THE REVENUE DIVISIONAL OFFICER, ANANTHAPURAMU DIVISION, ANANTHAPURAMU DISTRICT- 515001

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THE TAHSILDAR, ANANTHAPURAMU MANDAL, ANANTHAPURAMU DISTRICT -515001

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THE ANANTHAPURAMU, DISTRICT CO-OPERATIVE MARKETING SOCIETY LTD., KAMALANAGAR, ANANTHAPURAMU DISTRICT - 515001 REPRESENTED BY ITS SECRETARY.

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THE ANANTHAPURAMU, DISTRICT CO-OPERATIVE MARKETING SOCIETY LTD., KAMALANAGAR, ANANTHAPURAMU DISTRICT - 515001 REPRESENTED BY ITS BUSINESS MANAGER.

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NAKKA RAMALAKSHMAMMA, W/O.NAKKA SAMBASIVA, R/O.D.NO.8/137-A, L B COLONY, BUKKARAYASAMUDRAM, ANANTHAPURAMU DISTRICT- 515701

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the inaction of Respondent Nos. 5 and 6 in handing over vacant possession of the Temporary Shed situated in an extent of Ac.0.0214 cents in Survey Nos.164/3A and 164/4 at Gooty Road, Anantapuram Rural Village, Anantapuram District, A.P to the Petitioner as illegal, arbitrary, besides being violative of Articles 14, 19(1 )(g) and 300-A of the Constitution of India and consequently direct Respondent Nos. 5 and 6 herein to hand over vacant possession of the subject property to the Petitioner forthwith and pass such

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct Respondent No.5 and 6 to hand over vacant possession of the subject property to the Petitioner herein by initiating appropriate steps against Respondent No.7 in accordance with law and pass such

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Counsel for the Petitioner:

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1.CKR ASSOCIATES

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR AGRICULTURE

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3.N RANGA REDDY

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4.P NARASIMHULU

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The Court made the following order:

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The Writ Petition is filed seeking a direction to respondents 5 and 6 to hand over possession of a temporary shed admeasuring 2 ½ cents in Survey No.164/3A and 164/4 at Gooty Road, Ananthapuram.

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It is the specific case of the petitioner that the petitioner participated in the bid for letting out a temporary shed by the 6^th respondent. The petitioner submitted that an amount of Rs.1,00,000/- was deposited towards earnest money and it is also submitted that the said property could not be hand over to the petitioner as the 7^th respondent was under occupation of said property.

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The learned counsel for the petitioner submitted that the 7^th respondent had filed W.P.No.5709 of 2022, aggrieved by the action of the respondents therein not taking steps to dispossess her. The said Writ Petition is disposed of vide Order dated 18.06.2026, whereby the respondents therein were directed to follow due procedure of law for taking any action against the petitioner.

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Today, when the matter is taken up for hearing, the learned Standing Counsel for respondents 5 and 6 has placed on record the instructions received. It is stated in the instructions that an amount of Rs.1,00,000/- was deposited by the petitioner towards advance for temporary shed, which was to be allotted in future. It is also stated no public auction was conducted and that the Writ Petition filed by the 7^th respondent was

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disposed of, directing the respondent therein to take appropriate action in accordance with law.

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The subject property is under dispute and the claim of the property would have to be decided by the Civil Court. It is also stated that an amount of Rs.1,00,000/- was not paid towards the bid auction amount and it was only a deposit towards allotment in future. The learned counsel for respondents 5 and 6 also submitted that the possession of the property could not be handed over to the petitioner or anybody, as the property is under dispute. As such, there is no question of handing over the disputed property in favour of the petitioner when the dispute is pending before the competent Court.

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On these considerations, the Writ Petition is closed, leaving it open to the petitioner to claim the amount deposited with the 6^th respondent.

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As a sequel, pending miscellaneous petitions, if any, shall stand

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closed.

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____________________

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JUSTICE HARINATH.N

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16.09.2026 RJS/GCD

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HON’BLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 13277/2026

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Dt: 16.09.2026

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RJS/GCD

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Devara Konda Suresh v. The State of Andhra Pradesh

Case brief

What is this about?

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Devara Konda Suresh v. The State of Andhra Pradesh

Case brief

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