APHC010316982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •I TUESDAY, THE FIRST DAY OF JULYv^' TWO THOUSAND AND TWENTY FIVE PRESENT w THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA P^SAD WRIT PETITION NO: 16Q87 OF 2025 ’1 Between; 1. Neelam Venkata Lakshmi, D/o Neelam Sri Ramulu Aged about 42 years, Physically Challanged Women, Palem, kandregula Village, Pedapudi Mandal, Kakinada District. 2. Geddada Brahmanandam, S/o Geddada Venkanna, Years, Occ. Agriculture R/o D.No 4-85, Gubbalavari Palem, kandregula Village, Pedapudi Mandal, Kakinada District. R/o D.No 4-25, Gubbalavari Aged about 76 ...Petitioners AND 1. The State of Andhra Pradesh rep.by its Principal Secretary, Rev^ue Department Secretariat Buildings, Velagapudi, Amaravathi. 2. The District Collector, Kakinada, Kakinada Disrict. 3. The Revenue Divisional Officer, Kakinada^Revenue Division 4. The Tahasildhar, Pedapudi IVfandal Kakinada 5. The Mandal Surveyor Mandal, Kakinada District 6. The District Panchayat Officer, Kakinada 7- The Kandregula Grartia Panchayat, Rep.by its Secretary Kandregula Village, Pedapudi Mandal Kakinada District 8- The Superintendent of Police, Kakinada 9- The Station House Officer, Pedapudi Mandal Kakinada District Kakinada. District'^. V.-- Kakinada District District Kakinada. Police Station, Pedapudi, u-r r 10. Pampana Prasad, S/o Krishna Murthy, Aged about Major, R/o Kandregula Village, Pedapudi Mandal, Kakinada District. VasamsettT venkateswara ' ; 11. Rao, S/o Appa Rao, Aged about Major, R/o Kandregula Village, Pedapudi Mandal, Kakinada District. ^ 12. Katta Satyanarayana, S/o Achiah, Kandregula Village, Pedapudi Mandal, Kakinada District . Paketi Siva Rama Krishna, S/o Venkanna, Aged about Major, R/o Kandregula Village, Pedapudi Mandal, Kakinada District. Aged about Major, R/o 13. ...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 to declaring the highhanded action on the part of the respondents herein forcibly claiming and proposed to utilize a dump yard on the middle of the Pun^ road including encroaching petitioner's lands in ac 0.56 cents in Survey No 128/6 and o!fcents from 2nd petitioners land in 0.2 cents of the 1st the ac 0.74 cents in survey No 127/4/A/I at kondregula village, Pedapudi mandal to causing heavy damages to the agricultural including Ingress and egress to the villagers has influenced by respondents without following due process of lawas illegal arbitrary and violative of article 14,19,21 and 300A constitution of India and to direct the respondents lands the unofficial consequentially no 2 to 9 herein not to proceed to utilize the proposed a dump yard at kondregula"^llage, Pedafudi mandal causing damages to the agricultural lands including ingress and egress of villagers without following due process of law. and not to lA NO: 1 OF 2()9fi Petition under Section 151 c¥c praying that in the circumstances stated in the affidavit filed in support ^he petition, the High Court may be pieased to direct the respondents no: 2 to 9 herein not to proceed to utilize the proposed a dump yard at kondregula village, Pedapudi mandal and not to causing damages to the agricultural lands including Ingress and egress encroached the middle of the Punta road and encroaching O^cents of the petitioner's lands in ac 0.^ on cents in Survey No: 128/6 and 0.2 cents from the 2nd petitioner's land in ac 6.74 cents in survey No: 127/47a/I has influenced by the unofficial respondents without following due process of law pending disposal of the above writ petition. Counsel for the Petitioners: BOKKA SATYANARAYANA KAMLA Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent No. 6: GP FOR PANCHYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No. 7: SRI Y KOTESWARA R^ SC FOR ZPP, MPP AND GP Counsel for the Respondent Nos 8 AND 9: GP FOI^HOME The Court made the following order: 1 APHC010316982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AM ARAVATI (Special Original Jurisdiction) [3328] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16087/2025 Between: 1.NEELAM VENKATA LAKSHMI, D/O NEELAM SRI RAMULU, AGED ABOUT 42 YEARS, PHYSICALLY CHALLANGED WOMEN, R/0 D.NO 4-25, GUBBALAVARI PALEM, KANDREGULA VILLAGE, PEDAPUDI MANDAL, KAKINADA DISTRICT 2.GEDDADA BRAHMANANDAM, S/O GEDDADA VENKANNA, AGED OCC. AGRICULTURE R/0 D.NO 4-85. KANDREGULA ABOUT 76 YEARS GUBBALAVARI PALEM, MANDAL, KAKINADA DISTRICT. VILLAGE,PEDAPUDI ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, RERBY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISRICT. 3. THE REVENUE DIVISIONAL OFFICER, KAKINADA REVENUE DIVISION, KAKINADA. 4. THE TAHASILDHAR, PEDAPUDI MANDAL KAKINADA DISTRICT 5. THE MANDAL SURVEYOR MANDAL, KAKINADA DISTRICT 6. THE DISTRICT PANCHAYAT OFFICER DISTRICT 7. THE KANDREGULA GRAMA PANCHAYAT, REP.BY ITS SECRETARY KANDREGULA VILLAGE, DISTRICT KAKINADA KAKINADA PEDAPUDI MANDAL KAKINADA 8. THE , kakinada. SUPERINTENDENT OF POLICE, kakinada district STATION^PEDAPUDfKAMNADADISTR°cT^°' KAKINADA DISTRICT. VILLAGE, PEDAPUDI POLICE ABOUT MANDAL, 11.VASAMSETTI ' Sl, ^Caoa 12. KATTA SATYANARAYANA kandregula district. 13.PAKETI SIVA RAMA VENKATESWARA RAO, S/0 APPA RAO, AGED VILLAGE, PEDAPUDI S/0 ACHIAH, AGED ABOUT PEDAPUDI major, R/o MANDAL, KAKINADA VILLAGE, major, r/o kandST' KAKINADA DISTRICT. 'LLAGE, AGED ABOUT PEDAPUDI MANDAL, ■-RESPONDENT(S); Counsel for the Petitioner(S): BOKKA SATYANARAYANA Counsel for the 1. KAMLA Respondent(S): 1GP FOR REVENUE The Court made the following; oralORnpp- Heard Sri Bokka Satyanarayana, learned Counsel for the ’ Assistant Government learned Assistant Government Chaitanya, learned Counsel Petitioners, Sri Bhagat Singh Revenue, Sri P Rajesh Kumar, Panchayat Raj and Sri P. Writ Pleader for Pleader for appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Panchayat. 2. Sri p Chaitanya, learned Y. Koteswara Reddy, learned submitted the Written Counsel appearing on behalf of Sri Standing Counsel for the Instructions furnished Kandregula Wllage. He has also submitted Gram Panchayat has by the Panchayat Secretary, the Survey Report prepared by 3 0 the Mandal Deputy Surveyor, Pedapudi Mandal. Both these documents do not have any date. Copies of these documents are supplied to the Counsel for the Writ Petitioners as well and the same are taken on record. The Written Instructions from the Panchayat Secretary would clearly indicate that the Members of the Grama Sabha have unanimously held that footpath, which is in Sy.No. 127-1, is recorded even in the Revenue Record as footpath as such and that the Members of the Grama Sabha have resolved to retain the same as footpath and do not intend to use it as dumping yard. 3. This apart, this Court has noticed from the photographs filed by the Writ Petitioners that the footpath is also subject to encroachment inasmuch as certain persons have lodged certain things on the said footpath. This Court is of the opinion that it is the duty of the Panchayat Secretary to ensure that the footpath remains clear and without any obstruction. 4. Having recorded the Written Instructions rendered by the Panchayat Secretary (Respondent No.7), this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, with a direction to the Panchayat Secretary, Kandregula Village (Respondent No.7) to ensure that the footpath is kept free and without any encroachment in the future. 5. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Building^ Velagapudi, Amaravathi. The District Collector, Kakinada, Kakinada Disrict. The Revenue Divisional Officer, Kakinadal^venue Division, Kakinada. The Tahasildhar, Pedapudi Mandal Kakinada District. 2. 3. 4. 5. The Mandal Surveyor Mandal, Kakin^a District 6. The District Panchayat Officer, Kakinada kakinada District 7. The Secretary, Kandregula Grama Panchayat, Kandregula Village, Pedapudi Mandal Kakinada District ^ 8. The Superintendent of Police, Kakinada District Kakinada. / 9. The Station House Officer, Pedapudi Mandal Police Station, Pedapudi, Kakinada District One CC to Sri. Bokka Satyanarayal^ Kamla Advocate [OPUC] One CC to Sri. Y Koteswara SC for ZPP, MPP and GP 10. 11. [OPUC] 12. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 13. Two CCs to GP for Home, High^ourt of Andhra Pradesh [OUT] Two CCs to GP for Panchyat Raj and Rural Development, High Court of Andhra Pradesh [OUT] Three CD Copies, 14. 15. GSC HIGH COURT DATED:01/07/2025 \ \ ORDER WPNO. 16087 OF 2025 DISPOSING THE WP WITHOUT COSTS