WP/26841/2011 of Kodamanchili Satyanarayana Vs Governmentof India, on 9 September 2025

1. KODAMANCHILI SATYANARAYANA, S/O MUNESWARA RAO /O D.NO.14-66, BICCAVOLE VILLAGE& MANDAL, EAST GODAVARI DIST.

...PETITIONER AND

1. GOVERNMENTOF INDIA, ARCHEOLOGICAL SURVEY OF INDIA DEPT., SULTAN BAZAR, KENDRIYA SADAN, III FLOOR, HYDERABAD CIRCLE, HYDERABAD.

2. ARCHEOLOGICAL SURVEY OF INDIA DEPT, SULTAN BAZAR, KENDRIYA SADAN, III FLOOR, HYDERABAD CIRCLE HYDERABAD.

3. CONSERVATION ASSISTANT, ARCHEOLOGICAL SURVEYOF INDIA DEPT., KAKINADASUB-CIRCLE, DWARAKANAGAR, KAKINADA, EAST GODAVARI DISTRICT.

4. THE DISTRICT COLLECTOR MAGISTRATE, EAST GODAVARI DIST., KAKINADA.

...RESPONDENT(S): 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, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in issuing the order dt.12-09-2011 directing the petitioner to remove the construction and also the imposition of punishment as illegal, arbitrary and violative of principles

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of natural justice consequently directing the respondents to drop further proceedings in this regard and pass IA NO: 1 OF 2011(WPMP 33141 OF 2011 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 to grant stay of all further proceedings pursuant to theorderdt.12-09-2011issued by the 2nd respondent and pass IA NO: 1 OF 2018 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 Counsel for the Petitioner:

1. T V S PRABHAKARA RAO Counsel for the Respondent(S):

1. GP FOR REVENUE

2. Pasala Ponna Rao, DEPUTY SOLICITOR GENERAL OF INDIA

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The Court made the following ORDER:

The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in issuing the order dated 12.09.2011 directing the petitioner to remove the construction and also the imposition of punishment as illegal, arbitrary and violative of principles of natural justice and consequently directing the respondents to drop further proceedings in this regard and pass such other order or orders…”

2. The petitioner is a Archaka. The petitioner’s grandmother has executed a registered will in favour of the petitioner on 04.10.1990 for the house bearing door No.14-98 of Biccavolu Village and Mandal, East Godavari District. The said house was in dilapidated condition. The petitioner reconstructed the same as RCC building in the year 1999 and the Gram Panchayat, Biccavole allotted door number as 14-66 and the petitioner is paying tax. While the things stood thus, the 2nd respondent issued an order, dated 12.09.2011, directing the petitioner to remove the constructions. Challenging the same, the present writ petition is filed.

3. During the course of hearing, learned counsel for the petitioner as well as learned counsel appearing for the respondents submitted that the issue in the present writ petition is squarely covered by the order passed by this Court in W.P.No.22033 of 2010 and consented to dispose of the writ petition.

4. In view of the submissions made, the Writ Petition is disposed of in terms of the order passed in W.P.No.22033 of 2010 by setting aside the order dated 12.09.2011. However, this order

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will not preclude the authorities from taking action, after giving notice and opportunity of being heard to the petitioner. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 10.09.2025 KAS