APHC010148872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7812/2025 Between: Kotam Manga Rao Dora ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K VENKATESH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR SOCIAL WELFARE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7812/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue order or direction particularly one in the nature of Writ of MANDAMUS declaring the action of the 4th respondent in not removing the encroachments made by the respondents 5 and 6 in respect of the land situated in Sy.No.22 and 30 of Addateegala Village and Mandal Alluri Sitha Rama Raju District in pursuance of the proceedings of the 4th respondent in Ref B/04/2024 dt.21.11.2024 as wholly illegal, arbitrary and unjust and consequently direct the 4th respondent to take immediate steps for removal of the encroachments in pursuance of the proceedings dt.21.11.2024 in the interest of justice and pass such other order or orders….” 2. Learned counsel for the petitioner submits that the petitioner herein belongs to Koya community and is a permanent resident of Yendapalli Village, Agency Gangavaram Mandal, Alluri Sitha Rama Raju District. He further submits that the petitioner herein made a representation dated 23.09.2024 to respondent Nos. 2 and 4 bringing to their notice that respondent Nos. 5 and 6 have illegally encroached the lands admeasuring to an extent of Ac.2.59 cents and Ac.1.25 cents situated in Sy.No.22 and 30 respectively of Addateegala Village and Mandal, Alluri Sitha Rama Raju District and constructed RCC buildings and shops in cotraventtion to the Schedule Area Land Transfer Regulations, where the said lands were classified as Government land and PWD canal. Basing on the said representation, respondent No.4 herein issued a proceedings dated 21.11.2024 stating that respondent Nos. 5 and 6 have encroached the subject lands and further action will be taken in accordance with the rules. But, respondent No.3, so far, neither initiated any action nor issued any proceedings for removal of the alleged encroachments. Aggrieved by the same, the petitioner herein filed the present writ petition. 3. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 27.03.2025 issued by respondent No.4, wherein, the relevant portion reads as follows: “However, it is pertinent to note that the disputed properties, including the shops fall under the jurisdiction of the PWD and R&B departments. Therefore, any action with respect to the removal of the encroachment must be taken by the concerned departments. Despite this respondent, in good faith and beyond jurisdiction, has issued notice to respondent Nos. 5 and 6 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 calling for their explanation. This clearly establish that necessary steps have been taken, and the allegations of inaction are baseless. Further, it is brought to the notice of the Hon’ble High Court that as per the instructions of the District Collector action being taken to identify encroachments of Government lands, the respondent Nos. 5 and 6 are one among the Encroachments identified list.” 4. On perusal of the said instructions, it is evident that the disputed properties fall under the jurisdiction of PWD and R&B departments. Then the respondents herein after issuance of notices under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, but, necessary action has not been taken pursuant to the proceedings dated 21.11.2024 and it appears that the respondent Nos. 5 and 6 are encroachers of the subject lands alogn with others as confirmed vide written instructions of Respondent No.4. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal of the written instructions dated 27.03.2025 furnished by respondent No.4, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents authorities to act upon the proceedings dated 21.11.2024 issued by respondent No.4 herein and take necessary steps for removal of the encroachments as alleged by the petitioner, in accordance with law after providing opportunity of hearing to the petitioner and Respondent Nos.5 & 6 or their counsel, within a period of two (02) months from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J 28.03.2025 BSP 346 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7812 of 2025 28.03.2025 BSP