IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY |< TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 142 OF 2024 Between: 1. Chilukuri Srinivasa Rao, S/o Ramarao, Age 46 years, R/o H.No.6-74, Ramalayam Street, Vegiwada, Pedavegi Mandal, Eluru District (Erstwhile West Godavari District). Putta Subrahmanyam, S/o Satyanarayana, R/o H.No.6-6/3, Ramalayam Street, Vegiwada, Pedavegi Mandal, Eluru District (Erstwhile West Godavari District). Pothuluri Srinivasarao, S/o Lakshminarayana, R/o H.No.6-10, Ramalayam Street, Vegiwada, Pedavegi Mandal, Eluru District (Erstwhile West Godavari District). Nagavarapu Nagamani, W/o Veera Raghavulu, R/o H.No.5-14, Vegiwada, Pedavegi Mandal, Eluru District (Erstwhile West Godavari District). 2. 3. 4. ... PETITIONERS AND The State of Andhra Pradesh, Rep by its PrI. Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh. The State of Andhra Pradesh, Rep by its PrI. Secretary, Revenue Assignments Department, Secretariat Buildings, Velagapudi, Amaravati Andhra Pradesh. 1. 2. J 3, The Commissioner, Panchayat Raj and Rural Development O/o Commissioner Panchayat Raj and Rural Developmen, D No 1247, P V S ICON Near Pratur Cross Road, Tadepalli, Guntur District. 4. The Chief Commissioner of Land Administration, D No 189, 2nd floor, Himanga Towers, N T R Marg, LIC Colony, B Block, Gollapudi, Vijayawada, Andhra Pradesh State, 521225. 5. The District Level High Power Committee Cum The District Collector, O/o Collectorate, Eluru District 6. The Joint Collector, O/o Collectorate, Eluru District. 7. The District Panchayat Officer, O/o District Panchayat Office Eluru. 8. The Panchayat Secretary, Grama Panchayat, Vegiwada, Pedavegi Mandal, Eluru District. 9. The Thasildar, Pedavegi Mandal, Eluru District. 10. The Extension Officer (PR and RD), Pedavegi Mandal, Eluru District. 11. Mandal Parishad Development Officer (M P D O), O/o Mandal Prajaprashad Development Office, Pedavegi Mandal, Eluru District. 12. The Village Revenue Officer, Pedavegi Grama Panchayat Eluru District 13. Sammeta Venkateswararao, S/o Ramarao, R/o Vegiwada, Pedavegi Mandal, Eluru District. 14. Sammeta Adi Venkata Satyanarayana Vara Prasad, S/o Venkateswararao, R/o Vigiwada, Pedavegi Mandal, Eluru District. 15. Vegiwada Gram Panchayat, represented by its Secretary, Pedavegi Mandal, Eluru District. (Respondent No.15 impleaded as per Court order dt 14.08.2024 suo- motu). 4 ... RESPONDENTS 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 a writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the official respondents -Tr-, i. to direct the official respondents to conduct the survey on public utilities/places/properties with the available records to the unauthorized encroachments made by the unofficial respondents 13 and 14, ii. to direct the official respondents to take immediate steps for removal of encroachments by issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers i.e., unofficial respondents No, 13 and 14 in terms of the procedure by following the principles of natural justice. lA NO: 2 OF 2024 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 direct the Official Respondents to consider the representation before the authorities i.e, 29.01.2024, and take an appropriate steps on illegal occupants on the public utility places. Counsel for the Petitioners: SRI G. RAMA KRISHNA Counsel for the Respondent Nos.1,3,7&10: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent Nos.2,4,5,6,9&12:GP FOR REVENUE Counsel for the Respondent Nos.11 & 15: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.l3 & 14:SRI G. YASWANTH The Court made the following: ORDER Bench Sr.No:-39 [3483] APHC010213492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 142 of 2024 ...Petitioners Chilukuri Srinivasa Rao and others Vs. ...Respondents The State of A.P. and others ********** Sri G. Rama Krishna Sri Yarraguntia Koteswara Rao, learned Standing Counsel for Zilla Praja Parishads, Mandal Praja Parishads and Gram Panchayats. Advocate for Petitioners Advocates for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 19th February 2025 PC : The present petition has been filed with a view to highlight certain encroachments made by private respondent Nos. 13 and 14. In the reply filed by the Vegiwada Gram Panchayat - respondent No.15, it has been stated that in fact, the encroachment has been found to be made not by private respondent Nos. 13 and 14 but by one Sammeta Naga Venkata Ravindra Rao, who had been afforded an opportunity of being heard. It is also stated that construction raised by him over the plot of land, which is Gram Panchayat Land, has since been stopped. Further, further action has not been taken on account of the present P.I.L. 2. 2 3. We make it clear that the pendency of the present P.I.L. shall in no way prevent the authorities to proceed against anybody who is found to have encroached the Gram Panchayat Land. Action be initiated and the same be taken to its logical conclusion after giving an opportunity of being heard to the concerned. Be that as it may, the needful be done in three (3) weeks. Accordingly, 4. the petition is disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Panchayat Raj and Rural Development Department^ State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh. The PrI.Secretary, Revenue Assignments Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh. The Commissioner, Panchayat Raj and Rural Development O/o Commissioner Panchayat Raj and Rural Developmen, D No 1247, P V S ICON Near Pratur Cross Road, Tadepalli, Guntur District. The Chief Commissioner of Land Administration, D No 189, 2nd floor, Himanga Towers, N T R Marg, Lie Colony, B Block, Gollapudi, Vijayawada, Andhra Pradesh State, 521225. The District Level High Power Committee Cum The District Collector, O/o Collectorate, Eluru District 2. 3. 4. 5. 6. The Joint Collector, O/o Collectorate, Eluru District. 7. The District Panchayat Officer, O/o District Panchayat Office Eluru. 8. The Panchayat Secretary, Grama Panchayat, Vegiwada, Pedavegi Mandal, Eluru District. 9. The Thasildar, Pedavegi Mandal, Eluru District. 10. The Extension Officer (PR and RD), Pedavegi Mandal, Eluru District. 11. Mandal Parishad Development Officer (M P D O), O/o Mandal Prajaprashad Development Office, Pedavegi Mandal, Eluru District. 12. The Village Revenue Officer, Pedavegi Grama Panchayat Eluru District 13. The Secretary, Vegiwada Gram Panchayat, Pedavegi Mandal, Eluru District. 14. One CC to Sri G. Rama Krishna, Advocate [OPUC] 15. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 16. One CC to G. Yaswanth, Advocate[OPUG] 17. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] 18. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 19. Three CD Copies. ssb HIGH COURT DATED:19/02/2025 ORDER WP(PIL).No.142 of 2024 OF ANOfiff V <^9 0 6 MAR 2025 m Co ^ . Current Section patc DISPOSING OF THE W.P. WITHOUT COSTS