A APHCOI 0319612025 . IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETHDAY OF AUGUST TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16350 OF 2025 Between: P Lakshmidevi, W/o. P. Narayana Swamy, Aged about 60 years, R/o. D. No. 4/135, Main Road, Malakavaripalli Village, H/o. Sunnampalli, Obuladevara Cheruvu Mandal (O.D.C), Sri Satya Sai District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi. Guntur District, 2. The District Collector, Sri Satya Sai District. 3. The Revenue divisional officer, Kadiri, Sri Satya Sai District. 4. The Mandal Tahsildar, ObuladevaraCheruvu Mandal (O.D.C), Sri Satya Sai District. 5. The Panchayat SCeratary, Sunnampalli Gram Panchayat, ObuladevaraCheruvu Mandal (O.D.C), Sri Satya Sai District. 6. B Syamalamma, W/o. Thippanna, Aged about 45 years, Malakavaripalli Village, H/o. Sunnampalli, ObuladevaraCheruvu Mandal (O.D.C), Sri Satya Sai District. 7. The Sub Inspector of Police, ObuladevaraCheruvu Mandal (O.D.C), Sri Satya Sai District. ...Respondents Petition under Article 226 of the Constitution of India is filed 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 mandamus declaring the action of the respondents no. 4 and 5 in not removing the encroacheijit made by the 6‘^ respondent on the public rasta/road existing on the northern side of the petitioner's house vide D. No. 4/135, situated at Malakavaripalli Village, H/o. Sunnampalli, O.D Chevuru (Obula Devara Cheruvu Mandal), Sri Satya Sai District as illegal, arbitrary, violation of principles of natural justice and violations of article 14, 21 and 300-A of the Constitution of India and conseqently to remove the encroachment of the 6*^ respondent in the above said public rasta. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents no. 4 and 5 to consider the representation made by the petitioner for removal of the encroachment of the 6^*^ respondent on the rasta/road existing on the northern side petitioner’s house vide D. No. 4/135, situated at Malakavaripall i Village, H/o. Sunnampalli, O.D Chevuru (Obula Devara Cheruvu Mandal), Sri Satya Sai District. Counsel for the- Petitioner: SRI R SUJAN KUMAR Counsel for the Respondent No’s. 1 to 4:GP FOR REVENUE Counsel for the Respondent No.5: SRI M SUDHEER SC FOR ZPPS, MPPS & GRAM PANCHAYATS of the Counsel for the Respondent No.6: — Counsel for the Respondent No.7: GP FOR HOME The Court made the following order: 5V-. NV,J W.P.No.16350 of 2025 the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16350 OF 2025 ORDiEl This writ petition is filed to issue writ of mandamus, declaring the action of Respondent Nos.4 & 5 in not removing the encroachment made by 6*'" respoi^^®^^ on the public road existing on the northern side of the petitioner’s house vide D.No.4/135, situated at Malakavaripalli Village, H/o Sunnampalli, Obuladevara Cheruvu Mandal, Sri Satya Sai District, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently to remove the encroachment made by 6“" respondent. 1. 2. Learned counsel for the petitioner submits that, the petitioner allotted a house site located at D.No.4/135, Malakavaripalli Village, H/o Sunnampali, wherein she constructed a permanent (pacca) house. She has been regularly paying property tax and electricity charges for her house property. Respondent No.4 issued possession certificate to the petitioner, v/hich indicates a pathway (rasta) on the northern side of the house site. The petitioner has been using this pathway as the ingress and egress to access the maip road. However, Respondent No.6 has encroached upon this pathway and obstructing the petitioner’s access. Even though the petitioner brought to the notice of Respondent Nos. 4 and 5 about this illegal encroachment and requesting for its removal, no action has been taken. Hence, the petitioner has filed this writ petition. was V. NV,J'' W.P.No.16350 of 2025 3. On the other hand, the learned Standing Counsel for Respondent No.5 Sunnampalli Gram Panchayat, submitted written instructions stating that inspection of the subject land, no structures were found, but currently occupied by the landowners. It was further submitted that a survey should be conducted by the Village Surveyor to determine the exact extent of the landowners’ holdings and to identify any encroachments, so that appropriate action may be taken in accordance with the law. upon 4. Further, learned Government Pleader for Revenue also furnished written instructions received from the Tahsildar, Obuladevarache ru vide Rc.No.468/2024/C dated 14.07.2024, wherein it is stated that, as per RSR of Sunnampalli, the land of an extent of Ac.3-85 cents in Sy.no.458 is classified as Grama Poramboke with remarks in column as Gramakantam. As the Housesite Gran Register, it is found that, Respondnt No.6/Smt. B. per Syamalamma was granted the House Site Patta vide H.S.No.69/1414/ B dated 02.03.2005 with an extent of 0.01 72 cents Sy.No.45fe of Maiakavaripalli H/o Sunnampalli Village of OD Cheruvu Mandal. The respondents house situated at the front, adjacent to a vacant parcel of land, whereas the petitioner’s house is located at the rear, beyond the said vacant land. There are continuous disputes between eh petitioner and Respondent No.6 over the vacant subject land. It.is submitted that the subject land is Gramakantam and per rules issued through G.O.Ms.No.188 dated 21.07.2011 Panchayat Raj and Rural Development and the Rules relating to A.P. Gram Panchayat IS as 7 3 NV,J W.P.No.16350 of 2025 (Protection of Property Rules), the eviction authority lies with the Panchayat Raj and Rural Developrnent i.e. Panchayat Secretary of the concerned Panchayat. The petitioner has alternative rastha behind her house and at present, no encroachments were made over the subject land and both parties are maintaining status quo over the subject matter. 5. Heard learned counsel for the petitioner, learned Standing Counsel for Gram Panchayat and learned Government Pleader for Revenue. On perusal, it appears that both the petitioner and Respondent No.6 were granted house site pattas by the official respondents under the "Houseless Poor" category. Based on these allotments, they may have constructed houses within the respective extents of land granted to them. Learned counsel for the petitioner contends that Respondent No.6 is undertaking construction by encroaching upon a public rasta located on the northern side of the petitioner’s plot. This contention appears to be valid and legally sustainable, as such encroachment on public pathways cannot be permitted. Once a layout is formed by the Government while allotting house sites, it becomes the responsibility of Respondent No.5/Gram Panchayat to maintain and protect the roads and community properties within that layout. Any encroachment by beneficiaries, including the petitioner and Respondent No.6 in the present writ petition, must be prevented in accordance with law. 6. 4 NV,J > W.P.No.16350 of 2025 7. Furthermore, in order to determine the exact extent of the lano belonging to the petitioner and Respondent No.6 and to ascertain whether any encroachments have occurred, a detailed survey shall be conducted. The properties of both parties shall be clearly demarcated as part of this process. Upon completion of the survey and demarcation. Respondent No.5 is directed to take appropriate action in accordance with law. This entire completed within a period of four months from the date of this order. exercise shall be receipt of a copy of 8. With the above direction, writ petition is disposed of. No costs. 9. Consequently, Miscellaneous Petitions, if Petition shall stand closed. any, pending in this Writ ' Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SEpTION OFFICER 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District, 2. The District Collector, Sri Satya Sai District. 3. The Revenue divisional officer, Kadiri, Sri Satya Sai District. 4." The Mandal Tahsildar, ObuladevaraCheruvu Mandal (O.D.C) Sai District. To, Sri Satya 5. The Panchayat Sceratary, Sunnampalli Gram Panchayat, ObuladevaraCheruvu Mandal (O.D.C), Sri Satya Sai District. 6. The Sub Inspector of Police, ObuladevaraCheruvu Mandal (O.D.C), Sri Satya Sai District. 7. One CC to SRI. R SUJAN KUMAR, Advocate [OPUC] 8. One CC 'to SRI M SUDHEER SC FOR ZPPS, MPPS & GRAM PANCHAYATS [OPUC] 9. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh 10. [OUT] 11. Three CD Copies PRK / HIGH COURT DATED:20/08/2025 t ORDER WP NO. 16350 OF 2025 Sc-r ’ ' SEP 2025 '% Co DISPOSING OF THE WP, WITHOUT COSTS