1 APHC010169792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8950 OF 2025 Between: 1. S SURYAKUMAR, S/O. PALLAMRAJU, AGED ABOUT 61 YEARS, R/O.D.NO.21-3-10, GOODS SHED ROAD, ELURU, ELURU DISTRIC ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, COLLECTORS OFFICE, WEST GODAVARI DISTRICT, MARUTHI NAGAR, NEAR PRAKRUTHI ASHRAM, BHIMAVARAM - 534201, WEST GODAVARI DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, MARUTHI NAGAR, NEAR PRAKRUTHI ASHRAM, BHIMAVARAM - 534201, WEST GODAVARI DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, WEST GODAVARI DISTRICT, NARASIMHARAOPET, ELURU - 534006. 6. THE TAHSILDAR, PENTAPADU MANDAL, PENTAPADU POST AND 2 MANDAL, PENTAPADU - 534166, WEST GODAVARI DISTRICT. 7. THE REVENUE DIVISIONAL OFFICER, TADEPALLIGUDEM DIVISION, WEST GODAVARI DISTRICT. 8. THE SPECIAL OFFICER, PRATHIPADU GRAM PANCHAYAT AND MANDAL PARISHAD DEVELOPMENT OFFICER, PENTAPADU POST AND MANDAL - 534166 WEST GODAVARI DISTRICT. 9. THE PANCHAYAT SECRETARY, PRATHIPADU GRAM PANCHAYAT, PRATHIPADU-534102, PENTAPADU MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. P SHREE RAM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. The Court made the following ORAL ORDER: Heard Sri P. Shree Ram, Ld. Counsel for the Writ Petitioner and Sri T. Sanjeeva Rao, Ld. Asst. Government Pleader for Revenue and Sri Y. Koteswara Rao, Ld. Standing Counsel for the ZPPs, MPPs and Grama Panchayats. 2. In the Order passed by this Court dated 08.04.2025 a direction was given to the Official Respondents to clarify whether the subject land, where some members of the public are intending to build a temple, is a private land or a public land. 3. In compliance with the Order of this Court dated 08.04.2025 Sri T. Sanjeeva Rao, Ld. Asst. Government Pleader has submitted the Written Instructions dated 10.04.2025 furnished by the Tahsildar, Pandapadu. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 3 4. The relevant portion of the Written Instruction which is as under: “It is submitted that the „Petitioner is alleging that some people in the village are trying to construct Sivalayam Temple in RS No.7-13B of Prathipadu Village of Pentapadu Mandal of West Godavari District to an extent of Ac.0.13 Cts which is a Government Land. In this connection, it is submitted the subject land in Zilla Parishad Approach Road and the subject land is vested with Zilla Parishad, Eluru. The Petitioner made representations with the same above allegation to protect the land. Therefore, the Zilla Praja Parishad Officials, Eluru has been addressed vide this office Roc. 157/2025/C dated 07.03.225 stating that the land is vested with Zilla Parishad Eluru and they are bound to protect the subject land being the land is vested to them. It is also submitted that at present no encroachments are made in the subject land, this Respondent has no objection to coordinate with the employees of Zilla Praja Parishad, Eluru, if they come forward for eviction of the encroachments.” 5. The Written Instruction dated 10.04.2025 would clearly indicate that the subject land is vested with Zilla Parishad, Eluru. It is also stated in the Written Instruction that the Writ Petitioner has submitted a Representation to protect the subject land and that the Officials of the Zilla Praja Parishad, Eluru have addressed a Letter dated 07.03.2025 stating that the land is vested with Zilla Parishad, Eluru and they are bound to protect the subject land. It is also stated that, at present, no encroachments have been made in the subject land. It is also stated that in the future, if any encroachments are made in the subject land, the Tahsildar has no objection to coordinate with the Officials of the Zilla Praja Parishad, Eluru for eviction of such encroachments. 6. Having taken note of the contents of the Written Instruction, this Court deems it appropriate to allow this Writ Petition at the admission stage, without going into merit, with a direction to the Official Respondents to protect the land belonging to the Zilla Parishad, Eluru even in the future, in accordance with law. 4 7. With these observations and directions, this Writ Petition stands allowed. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 10.04.2025 MNR 5 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 8950 OF 2025 Dt: 10.04.2025 MNR