U Giri Babu vs The State Of Andhra Pradesh
2024 Latest Caselaw 9274 AP

Andhra Pradesh High Court - Amravati

U Giri Babu vs The State Of Andhra Pradesh on 14 October, 2024

Author: R. Raghunandan Rao

Bench: R Raghunandan Rao

                                         1

 APHC010430382024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                             [3488]
                           (Special Original Jurisdiction)

               MONDAY, THE FOURTEENTH DAY OF OCTOBER
                  TWO THOUSAND AND TWENTY FOUR
                                   PRESENT
         THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
                THE HONOURABLE SRI JUSTICE HARINATH.N
                         WRIT APPEAL NO: 843/2024
Between:
U Giri Babu and Others                                         ...APPELLANT(S)
                                 AND
The State Of Andhra Pradesh and Others                          ...RESPONDENT(S)
Counsel for the Appellant(S):
  1. K MUNI REDDY BALA PRASAD
Counsel for the Respondent(S):
  1. GP FOR REVENUE
The Court made the following Judgment: (per Hon'ble Sri Justice R. Raghunandan Rao)
              The appellants claiming house site properties in Plot Nos.2, 9 &

10 admeasuring Ac.002 ½ cents each in Sy.No.407/3 of Diguvapalle Revenue

Village, Chowdepalle Revenue Mandal, Chittoor District have approached this

Court by way of W.P.No.20435 of 2024, contending that the 6th respondent

was trying to evict them from the said properties and was using Officers of the

official respondents for evicting them. The appellants also contended that they

had already filed O.S.Nos.229, 231 & 276 of 2024 on the file of the Principal

Junior Civil Judge, Punganur, Chittoor District, for permanent injunction

against the 6th respondent and the same were pending.


        2.    A Learned Single Judge of this Court, by an Order dated

18.09.2024, had dismissed the Writ Petition leaving it open to the appellants
                                         2


to pursue the remedies in the suits mentioned above. The liberty also given to

the appellants to implead the official respondents if they so choose.


        3.   Aggrieved by the said Order dated 18.09.2024, the appellants

have filed the present Writ Appeal.


        4.   In view of the fact that the appellants had already invoked their

remedy under the Civil Procedure Code,1908 and had approached the Civil

Court by way of suits, it would not be permissible for the appellants to pursue

a parallel remedy by approaching this Court on the ground that the official

respondents, at the behest of the 6th respondent, were seeking to dispossess

them.

        5.   In the circumstances, we do not find any merits in the present

Writ Appeal and accordingly, this Writ Appeal is dismissed. However, any

action proposed by the official respondents, against the appellants, in relation

to these plots of land, will be done strictly in accordance with law and after due

opportunity of notice and hearing being given to the appellants. There shall be

no order as to costs.

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

                                                  ________________________
                                                  R. RAGHUNANDAN RAO, J.

_______________ HARINATH.N, J.

BSM

HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

AND

HONOURABLE SRI JUSTICE HARINATH.N

W.A.No.843 OF 2024 (per Hon'ble Sri Justice R. Raghunandan Rao)

Date: 14.10.2024

BSM