APHC010127702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6730/2025 Between: Gosala Venka Reddy ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in not taking action on the petitioners representation dated 21.01.2025 for the removal of the encroachments from Dondapadu Rice Mill to Gopalapuram Road of Dondapadu Village in Kandukur Mandal of SPSR Nellore District as illegal, irregular, arbitrary and contrary to the provisions of Andhra Pradesh Land Encroachment Act 1905 and rules framed there under and offends Articles 14 21 and 300A of the Constitution of India and consequently direct the 4th respondent to remove the encroachments made on Dondapadu Rice Mill to Gopalapuram Road of 2 Dondapadu Village in Kandukur Mandal of SPSR Nellore District and pass such other order.” 2. The case of the petitioner is that, the petitioner submitted a representation to the 4th respondent on 21.01.2025, requesting for the removal of encroachments by conducting survey and fixing the boundaries form the Dondapadu Rice Mill to Gopalapuram road. 3. The learned counsel for the petitioner submits that, despite receiving the petitioner's representation dated 21.01.2025 for conducting the survey of the encroached land, the respondents authorities have neither considered the representation nor issued any notices to the encroachers or conducted a proper survey. Hence, the present Writ Petition. 4. The learned Government Pleader for revenue appearing for the respondents furnished written instructions dated 12.03.2025, wherein it is stated as follows: (i) It is further submitted that the Mandal Surveyor, Kandukuru has inspected the land on 21.01.2025 along with R&B officials and submitted his report, according to his report that they measured as per the FMB the boundaries of the R&B road and determined the boundaries of the R&B road. It was determined that the fencing stones laid by Gosala Venkatareddy and others were encroaching on the R&B road. (ii) The petitioner Gosala Venkatareddy and others are requested to conduct the entire survey from Gosala Venkatareddy Dondapadu rice mill to Gopalapuram road both side length about 21/2 Km. But R&B officials have not requested for conduct the entire survey as above requested by the farmers. 3 (iii) It is come to notice that the petitioner is requesting to conduct entire R&B road be surveyed with personal reasons only. 5. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents, and upon perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the respondents authorities to consider the petitioner's representation dated 21.01.2025 and pass appropriate orders in accordance with the law within a period of three (3) months from the date of receipt of a copy of this order. Before taking any action, the respondents’ authorities shall provide an opportunity to the stakeholders, if any, including the alleged encroachers and the petitioner. The respondents are further directed to conduct an enquiry and take necessary steps for the removal of any encroachments, including the petitioner. In the meantime, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property by the petitioner without following the due process of law as contemplated under the Act. 4 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 19.03.2025 kkllkk 5 177 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6730 of 2025 19.03.2025 kkllkk