IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 40150 OF 2012

Between:

B.Venkata Subbaiah, S/o Chinna Venkata Subbaiah, Mala by caste, age 26 years, Alankahanapalle S C Colony, Kadapa town and mandal

...PETITIONER

AND

• 1. The Kadapa Municipal Corporation, reptd by its Commissioner, Kadapa.
• 2. The Tahsildar, Kadapa

...RESPONDENTS

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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1®' respondent in trying to take over the land of the petitioner situate in Sy.No.608 Extent Ac.2-75 cents of Mamillapalle village of Kadapa mandal and District (Ex.P1), as illegal, arbitrary and unconstitutional and in violation of the principles of natural justice and consequently direct the 1st respondent to follow due process of law and also the principles of natural justice in the event of taking over of the land of the petitioner situate in Sy.No.608 Extent Ac.2- 75 cents of Mamillapalle village of Kadapa mandal and District.

I.A. NO: ¹ OF 2012(WPMP. NO: 50966 OF 2012)

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court

may be pleased to direct the 1®* respondent not to interfere with the ■peaceful possession and enjoyment of the petitioner in the land situate in •i Sy.No.608 Extent Ac.2-75 cents of Mamillapalle village of Kadapa mandal and District. K-

Counsel for the Petitioner: SRI S. S. BHATT Counsel for the Respondent No.1: SRI KALAVA SURESH KUMAR REDDY(SC FOR MC) Counsel for the Respondent No.2:GP FOR REVENUE The Court made the following: ORDER

4-

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.40150 of 2012

B. Venkata Subbaiah, S/o Chinna Venkata Subbaiah, Mala by caste, age Alankahanapalle, $SC$ 26 years, Colony, Kadapa Town and Mandal.

...Petitioner

Versus

The Kadapa Municipal Corporation, rep. by its Commissioner, Kadapa and another.

...Respondents

Counsel for the petitioner	: Sri S.S. Bhatt
Counsel for respondent No.1	: Sri K. Suresh Kumar Reddy
Counsel for respondent No.2 : GP for Revenue $\cdot$

ORDER

The above writ petition is filed to declare the action of the 1^st respondent in trying to take over the land of the petitioner situated in Sy.No.608 of an extent of Ac.2-75 cents of Mamillapalle Village, Kadapa Mandal and District as illegal and arbitrary.

Heard Sri S.S. Bhatt, learned counsel for the petitioner $2.$ and Sri Ananda Surya, learned counsel representing Page 2 of 4

Sri K. Suresh Kumar Reddy, learned standing counsel appearing for the $1^{st}$ respondent.

$\mathfrak{S}$ Counter affidavit was filed on behalf of the 1^st respondent. In the counter it was stated as follows:

"In view of the representation of the people and also General Body resolution, the $1^st$ respondent corporation has sent the proposals to the District Collector for auditing a suitable land for a modern dumping yard to the Kadapa city. Accordingly, the District Collector directed the Revenue Divisional Officer. Kadapa to allot a suitable land for establishment of Modern Dumping Yard. Thereafter land of an extent of Ac.92-00 cents in Sy.No.756 of Kolumulopalli (V), C.K. Dinne (M) is allotted for relocation of existing Dump yard of Ukkayapalli (V). Kadapa to Kolumulopalli (V), C.K. Dinne (M) and the same is under process. In view of the above facts and instructions, this 1^st respondent Corporation submits that the question of taking the land of the petitioner for the purpose of Dump Yard does not arise."

$\overline{4}$ In view of the averment made in the counter affidavit as extracted supra, the apprehension of the petitioner that the respondent authorities are interfering with the possession of the land of an extent of Ac.2-75 cents in Sy.No.608 of Mamillapalle Village is misconceived.

5. Recording the averments made in the counter affidavit, no orders are required in the writ petition.

SRS, J W.P.No.40150 of 2012

6. Accordingly, the Writ Petition is closed. There shall be no order as to costs.

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

SD/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTI FFICER

/

To,

• 1. One CC to Sri S. S. Bhatt, Advocate [OPUC]
• 2. One CC to Sri Kalava Suresh Kumar Reddy, Municipal corporation [OPUC]
• 3. Two CC's to GP for Revenue, High Court of A.P. at Amaravati[OUT]
• 4. Three CD Copies.

ssb

HIGH COURT

DATED;13/12/2023

ORDER

WP.No.40150 of 2012

CLOSING THE W.P. WITHOUT COSTS