■ IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Origihal Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12530 OF 2025 Between: Dronadula Mallikharjuna Chari, S/o. Gurunadham, Aged 56, R/o. 3-96, Vellaturu Village, Bollapalli Mandal, Palnadu, Guntur. ...PETITIONER AND 1. The State of Andhra Pradesh, Revenue Department, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi Amaravati. 2. The State of Andhra Pradesh, Roads and Buildings Department, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi Amaravati. 3. The District Collector, Bollapalli Mandal, Narsaraopet Palnadu District. 4. The Revenue Divisional Officer, Bollapalli Mandal, Narsaraopet, Palnadu District. 5. The Mandal Revenue Officer, Bollapalli Mandal, Palnadu District. 6. The Village Revenue Officer, Vellaturu Village, Bollapalli Mandal, Palnadu District. 7. The Assistant Executive Engineer(R & B), Roads and Buildings Department, Bollapalli Mandal, Palnadu District. 8. The Mandal Surveyor, Vellaturu Village, Bollapalli Mandal Palnadu District. 9. The Village Surveyor, Bollapalli Mandal, Palnadu District. 10. Mila Bhrammaraju, S/o. Veera Narayana R/o. Vellaturu Village, Bollapalli Mandal, Palnadu District. 11. Chenchunedi Guravamma, W/o. Venkateswarlu, R/o. Vellaturu Village, Bollapalli Mandal, Palnadu District. 12. Kancherla Govindiayya, S/o. Nagayya, R/o. Vellaturu Village, Bollapalli MSfidal Palnadu District. 13.*'Ghopporapu Chinamanniah, s/o. Venkateswarlu, R/o. Vellaturu Village, Bollapalli Mandal Palnadu District. 14, Kambampati Dasu, S/o. China Tripuraiah, R/o. Vellaturu Village, Bollapalli Mandal, Palnadu District. 15. Gangeboina Manneiah, S/o. Narasimha, R/o. Vellaturu Village, Bollapalli Mandal, Palnadu District. 16. Mila Narayana, S/o. Bakkaiah, R/o. Vellaturu Village, Bollapalli Mandal, Palnadu District. 17. Tiruvaipati Tayaramma, W/o. Nambayya, R/or Vellaturu Village, Bollapalli Mandal, Palnadu District. 18. Banaganapalli Lala Hussain, S/o. Chinnabi, R/o. Vellaturu Village, Bollapalli Mandal, Palnadu District. 19. Gudia Chinna Venkaiah, S/o. Chenchaiah, R/o. Vellaturu Village, Bollapalli Mandal, Palnadu District. 20. Garikapati Chinna manne Pallaiah, S/o Allaiah, R/o. Vellaturu Village, Bollapalli Mandal Palnadu District. ■*-. • ; ...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 an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 3 to 6 in not removing the illegal encroachments made by the respondents 10 to 20 Survey No. 685 of Vellaturu Village, Bollapalli Mandal, Palnadu District which is classified as Government (R and B) Road abutting the petitioners land in Survey No. 686 of Vellaturu Village pursuant to the 7*^ respondent proceedings LrNo./AEE/Bollapalli/Vellaturu/Encroachments/2024-25 dated 21.01.2025 as contrary to law, illegal, arbitrary and against the principles of natural justice and consequently direct the respondent authorities to the encroachments made by the respondents 10 to 20 in Survey No. 685 of in remove Vellaturu Village Bollapalli Mandal, Palnadu District and further to restore road access to the petitioners property in Sy.No.686 of Vellaturu Village BoHapalli Mandal, Palnadu District basing on the report submitted by the 7 respondent th proceedings Vellaturu/Encroachments/2024-25 dated 21.01.2025. Lr No./AEE/ Bollapalli/ lA NO: 1 OF 2025 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 respondent authorities to take necessary action to restore the road access in Survey No. 685 of Vellaturu Village, Bollapalli Mandal, Palnadu District abutting to the petitioner’s property in Survey No. 686 of Vellaturu Village, Bollapalli Mandal, Palnadu District by removing the encroachments of the respondents 10 to 20, pending disposal of Writ Petition. lA NO: 2 OF 2025 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 5**^ respondent MRO to take action in pursuance of the report submitted yth by the respondent LrNo./AEE/Bollapalli/Vellaturu/Encroachments/2024-25 and to take necessary action and remove the encroachments proceedings dated 21.01.2025 made by the respondents 10 to 20 in Survey No. 685 of Vellaturu Village, Bollapalli Mandal, Palnadu District, pending disposal of Writ Petition. Counsel for the Petitioner: SRI MUTYALA SOBHANADRI Counsel for the Respondent Nos.1, 3 to 6, 8 & 9: GP FOR REVENUE Counsel for the Respondent Nos.2 & 7; GP FOR ROADS & Counsel for the Respondent Nos.10 to 20:-— NAIDU BUILDINGS The Court made the following: ORDER APHC010247402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0 WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12530/2025 Between: Dronadula Mailikharjuna Chari ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MUTYALA SOBHANADRI NAIDU Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12530/2025 ORDER: 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 respondent Nos. 3 to 6 in not removing the illegal encroachments made by the respondent Nos.10 to 20 in Survey No.685 of Vellaturu Village, Bollapalll Mandal, Palnadu District which is classified as Government (R & B) Road abutting the petitioner’s land in Survey No. 686 of Vellaturu Village pursuant to the respondent proceedings LrNo./AEE/Bollapalli/Vellaturu/Encroachments/2024-25 dated 21.01.2025 as contrary to law, illegal, arbitrary and against the principles of natural justice and consequently direct the respondent authorities to remove the encroachments made by the respondent Nos.10 to 20 in Survey No.685 of Vellaturu Village, Bollapalli Mandal, Palnadu District and further to restore road access to the petitioners property in Sy.No.686 of Vellaturu Village, Bollapalli Mandal, Palnadu District basing on the report submitted by the 7"’ LrNo./AEE/BollapalH/Vellaturu/Encroachments/2024-25 dated 21.01.2025 and pass such other order.” respondent proceedings 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the respondents are not taking any action against the unofficial respondents who encroached the land in Sy.No.685, which is classified as Government R & B Road. The petitioner herein residing abutting to the R & B Road i.e., in Sy.No.686 of Vellatur Village, Bollapalli Mandal, Palnadu District. The petitioner submitted IS 3 A representation to the respondents for removal of encroachments at the R & B road, \A/hioh is causing inconvenience for ingress and egress. Learned counsel for the petitioner further submits that even though the respondents conducted joint survey and identified the encroachments and having issued notices to the encroachers 06.02.2025, till date the respondents have not initiated on any proceedings for eviction. Hence, the Writ Petition. 4. Learned Government Pleader for the respondents submits that the respondents are taking steps and issued notices to the encroachers under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and also passed an order under Section 6 of Act, 1905 against the encroachers for eviction from the subject land. Since, the order under Section 6 of the Act, 1905 was passed the encroachments will be removed within the time stipulated. 5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that pursuant to the claim of the petitioner for removal of the encroachments, the respondents surveyed and demarcated the subject land and identified that there are encroachments and against which the respondents already issued notice under Section 7 of Act, 1905 and also passed order under Section 6 of Act, 1905 for eviction of the encroachers from the subject R & B Road. It is settled preposition of law the State Authorities shall protect the community properties as well as properties of the State from the encroachment/occupation by the unscrupulous individuals. In view of the 4 settled preposition of law, the respondents are hereby directed to proceed further for eviction of the encroachers form the R & B Road pursuant to the order issued under Section 6 of Act, 1905, within a period of three(3) months from the date of receipt of copy of this Order. 6. With the above direction, 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. Sd./- N NAGAMiVSA ASSISTANT REGISTRAR //TRUE COPY// W % i SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravati. 2. The Principal Secretary, Roads and Buildings Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi Amaravati. 3. The District Collector, Bollapalli Mandal, Narsaraopet Palnadu District. 4. The Revenue Divisional Officer, Bollapalli Mandal, Narsaraopet, Palnadu District. 5. The Mandal Revenue Officer,’Bollapalli Mandal, Palnadu District. 6. The Village Revenue Officer, Vellaturu Village, Bollapalli Mandal, Palnadu District. 7. The Assistant Executive Engineer(R AND B), Roads and Buildings Department, Bollapalli Mandal, Palnadu District. 8. The Mandal Surveyor, VeHaturd Village, Bollapalli Mandal Palnadu District. 9. The Village Surveyor, Bollapalli Mandal, Palnadu District. 10. One CC to Sri Mutyala Sobhanadri Naidu, Advocate [OPUC] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh. [OUT] 13. Three CD Copies. ssb HIGH COURT DATED:07/05/2025 ORDER WP.No.12530 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS