Sri Padagala Venkata Rao vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1773 AP

         HON'BLE SRI JUSTICE M.VENKATA RAMANA

               WRIT PETITION No. 7084 OF 2021

ORDER:

1. Heard Sri N.Gangadhar, learned counsel for the

petitioners.

2. Learned Assistant Government Pleader takes notice for

learned Government Pleader for Revenue appearing for

respondents 1 to 4.

3. The grievance of the petitioners is that the respondent

authorities are trying to interfere with their peaceful

possession and enjoyment of the lands to an extent of

Ac.0.64 cents and Ac.0.36 ½ cents in Sy.No.66-1 situated at

Gambhiram Village, Hamlet of Bhogipalem, Anandapuram

Mandal, Visakhapatnam District, which they have purchased

under registered sale deeds dated 18.01.1982 and

09.07.1995.

4. OS No.1505 of 2005 on the file of the Court of

II Additional Senior Civil Judge, Visakhapatnam, was filed by

the petitioners against the respondents 2 and 4. The said suit

was dismissed by a Decree and Judgment dated 02.09.2009

against which an appeal was preferred in AS No.26 of 2010

on the file of the Court of VII Additional District and Sessions

Judge (FTC), Visakhapatnam, and the appeal was allowed by

a decree and Judgment dated 29.03.2012. Thus, a permanent

injunction was granted in favour of the petitioners and

against the respondents from interfering with the peaceful

possession and enjoyment of the property in question.

5. In the face of the decree passed by the competent civil

court in favour of the petitioners in respect of the very same

lands, attempt of the petitioners to approach this Court under

Article 226 of the Constitution of India against the

respondents on the premise that their possession and

enjoyment of the property in question is being disturbed upon

converting the same into house site plots, cannot stand.

Already necessary relief was granted to the petitioners by a

competent civil court and if the petitioners are aggrieved by

the action of the respondents, they can as well pursue the

remedy basing on the decree and judgment of the civil court

in their favour.

6. Added to it, this Court cannot encourage another round

of litigation between these parties, which is as such cannot be

maintainable. If it is entertained, it would amount to abuse of

process of law and applying the seal of approval of this Court

to the improper attempt on the part of the petitioners to the

lis. Therefore, this Court finds no justification in entertaining

the Writ Petition.

7. Accordingly, the Writ petition is dismissed in limini.

No costs. Miscellaneous petitions pending if any, shall stand

closed.

______________________________ JUSTICE M.VENKATA RAMANA 26.03.2021 Mjl/*

HON'BLE SRI JUSTICE M.VENKATA RAMANA

WRIT PETITION No. 7084 of 2021 (disposed of)

26.03.2020

Mjl/*