Andhra Pradesh High Court - Amravati
Sri. Kalidindi Rama Krishna Raju vs State Of Andhra Pradesh on 19 September, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010813432018
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI J *
(Special Original Jurisdiction) i Xj
FRIDAY, THE NINETEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYA SURYA ^
LA. No.1 OF 2025
IN
WRIT PETITION NO: 40529 OF 2018
LA. No.1 OF 2025
Between:
Sri. Kalidindi Rama Krishna Raju, S/o. Late Sri. Kalidindi Subbaraju, Age. 62
Years, Occ: Retd CAO, City Civil Court, Hyderabad, R/o. H. No. 2-4-1033/5,
Flat No. 201, Plot No. 1, Road No. 1, Royal Residency Apartment, New
Samathapuri Colony, Nagole, R.R. District, Hyderabad - 500102.
...Petitioner/Petitioner
AND
1. State of Andhra Pradesh, Rep. By Principal Secretary Revenue
Department, Secretariat, Amaravathi, Velagapudi, Guntur District,
Andhra Pradesh.
2. The District Collector, Visakhapatnam District, Andhra Pradesh.
3. The Sub Collector, Paderu, Viskhapatnam District, Andhra Pradesh.
4. The Project Officer, Integrated Tribal Development Agency (ITDA),
Paderu, Visakhapatnam District, Andhra Pradesh.
5. The Tahsildar, Araku Vally Township, Araku Valley Mandal,
Visakhapatnam District, Andhra Pradesh.
6. The Panchayat Secretary, Pedalabudu Grama Panchayat, Araku
Valley Township, Visakhapatnam District, Andhra Pradesh.
...Respondents/Respondents
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 reopen the writ petition W.P. No.40529 of 2018 for hearing and
disposal on merits by setting aside the order dated.04.07.2022 dismissing
W.P. No.40529 of 2018 as withdrawn in the interest of justice.
WRIT PETITION NO: 40529 OF 2018
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 WRIT or ORDER particularly in the nature of MANDAMUS
directing all the Respondents 1 to 6 to deliver the vacant peaceful and
physical possession of the petitioner above-said two House-Site Plots Nos. A-
54 (admeasuring 2000 Sq. Yards) and A-55 (admeasuring 1917 Sq. Yards)
(changed numbers A-52 and A-53) in the Lay-Out of ARAKU VALLEY
TOWNSHIP Lay-Out, Araku Valley Mandal, Visakhapatnam District, Andhra
Pradesh State as was identified by the Licensed Surveyor No. 16 during
survey in the presence of Sub-Collector, Paderu, Tahsildar of Araku Valley
Township, Mandal Revenue Inspector and Village Revenue Officer of Araku
Valley Township according to the Surveyors report dated 22-12-2017 by
declaring all the Respondents inaction in not delivering the vacant peaceful
and physical possession of the petitioner above-said Two House-Site Plots
Nos. A-54 (admeasuring 2000 Sq. Yards) and A-55 (admeasuring 1917 Sq.
Yards) (changed numbers A-52 and A-53) in the Lay-Out of ARAKU VALLEY
TOWNSHIP Lay-Out, Araku Valley Mandal, Visakhapatnam District (in spite of
-my repeated representations and SURVEYORS Report dt.22-12- 2017and in
spite of the receipt of the cost of land and for Amenities and in spite of the
receipt of arrears of Taxes from 1955 till 1976 received by the Respondents)
is illegal and arbitrary.
0
lA NO: 1 OF 2018
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 pass an interim direction directing all the Respondents to stop
constructions on the petitioner above-said two House-Site Plots Nos. A-54
(admeasuring 2000 Sq. Yards) and A-55 (admeasuring 1917 Sq. Yards)
(changed numbers A-52 and A-53) in the Lay-Out of ARAKU VALLEY
TOWNSHIP Lay-Out, Araku Valley Mandal, Visakhapatnam District, Andhra
Pradesh State as was identified by the Licensed Surveyor No. 16 during
survey in the presence of Sub-Collector, Paderu, Tahsildar of Araku Valley
Township, Mandal Revenue Inspector and Village Revenue Officer of Araku
Valley Township according to the Surveyors report dated 22-12-'2017 pending
disposal of the main writ petition. Otherwise, this Writ Petition will become in -
fructuous and leads to multiplicity of proceedings and I will be put to suffer
irreparable and irretrievable loss and great hardship which cannot be
replenished.
Counsel for the Petitioner: SRI P. V. RAJENDRA PRASAD
Counsel for the Respondent nos.1 to 3 & 5 : GP FOR ASSIGNMENT
Counsel for the Respondent No.4 ; GP FOR SOCIAL WELFARE
Counsel for the Respondent No.6 : SRI Y. KOTESWARA RAO,
SC FOR GRAM PANCHAYAT
The Court made the following order:
Considering the submissions made by learned counsel for the
petitioner and his personal affidavit, this Court is inclined to restore the
file by setting aside the order dated.04.07.2022. Accordingly, this
Application is allowed.
This Registry to list the matter before the appropriate Bench as per
the roster.
By the date of next adjournment, the respondents to file their
counter affidavits.
aPI' IWOHD. rafi
assistant registrar
//TRUE COPY//
SECTION OFFICER
To,
1.
The Principal Secretary Revenue Department, State of Andhra
Pradesh, Secretariat, Amaravathi, Velagapudi, Guntur District Andhra
Pradesh.
2. The District Collector, Visakhapatnam District, Andhra Pradesh.
3. The Sub Collector, Paderu, Viskhapatnam District Andhra Pradesh.^
4. The Project Officer, Integrated Tribal Development Agency (ITDA),
Paderu, Visakhapatnam District, Andhra Pradesh.
5. The Tahsildar, Araku Vally Township, Araku Valley Mandal,
Visakhapatnam District, Andhra Pradesh.
6. The Panchayat Secretary, Pedalabudu Grama Panchayat, Araku
Valley Township, Visakhapatnam District, Andhra Pradesh.
7. One CC to Sri P. V. Rajendra Prasad, Advocate [OPUC]
8. Two CCs to GP for Assignment, High Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh
[OUT]
10. Two CD Copies
Cnr
HIGH COURT
DATED:19/09/2025
ORDER
I.A. No.1 of 2025 In WP NO. 40529 OF 2018 ALLOWING THE I.A. No.1 of 2025 RESTORED THE W.P. WITHOUT COSTS