STATE OF A.P. Vs. DHULIPALLA VEERAIAH

JUDGEMENT

(1.) This writ appeal has been filed by the Sports Department, State of Andhra Pradesh questioning the order of the learned single Judge in W.P.No.23016 of 2020 dtd. 23/9/2021.

(2.) The writ petition was filed by the petitioner-society for a Mandamus declaring the action of the respondents-State and questioning the impugned notice dtd. 23/11/2020 along with the action of the respondents in affixing notice to the gate of the stadium and high-handedly breaking open the existing locks and putting new locks on the stadium and denying entry to the members of the society and others.

(3.) In the writ petition, the society claims to be in possession and enjoyment of the Dhulipalla Veeraiah Choundary Memorial Stadium. It is stated that the land belonging to the Zilla Parishad School; the super structure was constructed by the society and it is in possession and enjoyment of the same. It is stated that the respondents high-handedly entered into the premises, broke open the existing locks and fixed their locks on the stadium and prevented the entry of the members of the society into the stadium. This action was questioned. The learned single Judge, in the course of his order held that the action of the respondents in breaking open the locks, affixing new locks and preventing the petitioner and others from entering into the Stadium is illegal. A direction was given to remove the locks and to allow the petitioner-society to function from the stadium till it is lawfully evicted from the premises. An option was given to the respondents to proceed as per law to evict the petitioner-society. This order is assailed in the writ appeal.