^ i APHC010340922025 IN THE HIGH COURT OF ANDHRA AT AA/IARAVATI (Special Original Jurisdiction) august TWO THOUSAND AND TWENTY FIVE PRESENT SINGH THAKUR, CHIEF JUSTICE AND HON'BLE SRI JUSTICE RAVI CHEEMALAPATI WPIPILI NO: 137 OF 2025 PRADESH HON’BLE SRI JUSTICE DHIRAJ Between: 1. Reddi Jyothi Prasad, S/o Jagga Rao Reddi |gedaDout47 years, R/o 2-61, KiHipalem Village .'Mofusdandar, Srikakulam Mandal, Srikakulam Town and District. Aadhar Card.No. 442528896906 2. Thangi Shiva Prasad Rao S/o Late Rama Lakshman Rao, aged about 60 years Krliipaiem Village, Srikakulam Mandal Aadhar Card.No. 874344308825 3. Thangi Eswar Rao S/o Shivanarayana aged about 50 years, Occ : Cultivation’ R/o Kilhpalem Village, Srikakulam Mandal Aadhar Card.No. 772663966577 4. Batna Bhujanga Rao S/o Late Krishna Murthy, aged about 52 years, Occ : Cultivation R/o KiHipalem Village Srikakulam Mandal and District Aadhar Card.No.378312389614 and District and District 5. Reddi Krishna Rao @ Rajababu S/o Mokhalingam, aged about 55 years R/O KiHipalem Village, Srikakulam Mandal Aadhar Card.No.243054007038 and District 6. Batna Ramana Murthy S/o Late Asiranna years, Occ: Cultivation R/o KiHipalem Village, Srikakulam Mandal Aadhar Card.No. 895204345339 and District 7. Thangi Rama Kishore S/o Late Srinivasa Rao, aged about 29 □ , , years, Occ; Cultivation R/o KiHipalem Village, Srikakulam Aadhar Card.No. 399574922554 Mandal and District. Wf- 8. Batna Krishna Murthy S/o Late Asiranna, aged about 55 years, Occ; Cultivation RJo Killipalem Village, Srikakulam Mandal and District Aadhar Card.No. 446150751853 .A-'** ■if. ' 9- Thangi Rama Rao S/o Late Saynasi, aged about 53 years, Occ: Cultivation * R/o Killipalem Village, Srikakulam Mandal and District Aadhar Card.No. 845696687462 ''f ' ^ 10. Thangi Seshagiri Rao S/o Surayya, aged 35 years, Occ : Cultivation R/o Killipalem Village, Srikakulam Mandal and District. Aadhar Card.No. 721768819944 11. Thangi Venkata Ramana Murthy S/o Late Thavitanna, aged about 65 years. Retd. Driver of APSRTC R/o KillipalemVillage, Srikakulam Mandal and District Aadhar Card.No. 837759148021 12. Arasavelli Santha Kumari W/o Thatha Babu, aged about 48 years, Occ: Household R/o Killipalem Village, Srikakulam Mandal and District Aadhar Card.No.644691213771 13. Banna Lakshmi W/o Jagadeesh, aged about 45 years, Occ: Household R/o Killipalem Village, Srikakulam Mandal and Dist. Aadhar Card.No.761212197487 14. Kornana Eswaramma W/o Thatamma, aged about 46 years, Occ : Cultivation R/o Killipalem Village, Srikakulam Mandal and District Aadhar Card.No. 603884115663 15. Banna Lakshmi W/o Rambabu Aged about 29 years R/o Killipalem Village Srikakulam Mandal & Dist. Aadhar Card.No. 423279296810 16. Tangi Chandra Sekhara Rao S/o late Satyanarayana aged about 67 years, R/o Killipalem Village, Srikakulam Mandal, presently residing at Madhura Nagar, Srikakulam Town and District. Aadhar Card.No. 797317779631 t iVnt.., V f 17. Ruppa Rama Lakshmi W/o Late Appanna, aged about 35 years, Occ; Household R/o Killipalem Village, Shkakulam Mandal and District. Aadhar Card.No. 807293141101 18. Kuppili Rajasekhar S/o Polodu, aged about 38 years, Occ: Electrician R/o Killipalem Village Srikakulam Mandal and District. Aadhar Card.No.820572638201 ... .Petitioners AND 1. The State of Andhra Pradesh represented by its Principal Secretary, Revenue Department at Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Srikakulam, Srikakulam District 3. The Revenue Divisional Officer, Srikakulam. Srikakulam District 4. The Tahsildar, Srikakulam Mandal Srikakulam District 5. The Municipal Corporation, Srikakulam represented by its Commissioner, Srikakulam Srikakulam District 6. The Superintendent of Police, Srikakulam, Srikakulam District 7. Mutcha Srinivasa Rao, S/o Thataya, Aged about 45 years, R/o Killipalem Village, Srikakulam Rural and Mandal, Srikakulam District. Respondents » > r 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 or Writs, Order or Direction, more particularly in the nature of Writ of Mandamus declaring the action of the Respondent in not taking action to stop the illegal encroachment of the pond/tank by the 7th Respondent, by filling the same with mud/earth in Sy No. 178/13 to the extent of Ac. 1.18 cents in Killipalem Village, Srikakulam Mandal and District, as bad, illegal, arbitrary, contrary to Art. 21 & 51(A)(g) of Constitution of India and also the dictum of Hon'ble Supreme Court in several cases. 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 No.2 to forthwith initiate action against Respondent No.7 by stopping the illegal encroachment of pond/tank by filling with sand/earth in Sy No. 178/13 to the extent of Ac. 1.18 cents in Killipalem Village, Srikakulam Mandal and District, for the benefit of villagers (public interest) including the petitioners, in the interests of justice. Counsel for the Petitioners: M/s. M. VIDYAVATHI Counsel for the Respondent Nos.1 to 4:GP FOR REVENUE Counsel for the Respondent No.5:SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.6: GP FOR HOME Counsel for the Respondent No.7:-— The Court made the following order: f Bench Sr.No:-51 [3483] APHC010340922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 137 of 2025 ...Petitioners Reddi Jyothi Prasad and others Vs. ...Respondents The State of Andhra Pradesh and others ********** Mrs. M. Vidyavathi Advocate for Petitioner GP for Revenue Advocates for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 6th August 2025 PC : Learned counsel for the petitioners highlights the alleged encroachment over the water body admeasuring Ac.1.18 Cents in Sy.No.178/13 of Killipalem Village, Srikakulam Mandal and District. it is stated that despite representations, no action has been taken 2. by the official respondents. Learned counsel for the petitioners also state that, in identical matters, this Court has issued directions in W.P.(PIL) No. 140 of 2022 and batch, dated 14.09.2022, which the respondents are required to follow in letter 3. and spirit. 2 HCJ & RCJ W.P,(PIL) No.137 of 2025 Considering the submissions made during the course of hearing, we dispose of this petition with a direction to respondent No.2 to consider the representation which shall be filed by the petitioner once again with the said respondent along with a copy of this order and follow the directions earlier given in W.P.(PIL) No.140 of 2022 and batch, dated 14.09.2022. 4. 5. In case any further information is required, the petitioners shall furnish the same to the aforesaid respondent. 6. Upon consideration of the representation, if action is required to be taken, the same be initiated in accordance with law with due intimation to the petitioners. No costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, at Secretariat, Velagapudi, Amaravathi, Guntur District The 2. District Collector, Srikakulam, Srikakulam District (Along with a copy of the order in W.P.(PIL) No.140 of 2022 and Batch, dated 14.09.2022) The Revenue Divisional Officer, Srikakulam, Srikakulam District The Tahsildar, Srikakulam Mandal, Srikakulam District 3. 4. 5. The Commissioner, Municipal Corporation, Srikakulam, District The Superintendent of Police, Srikakulam, Srikakulam District One CC to M/s.M Vidyavathi, Advocate [OPUC] One CC to Sri M. Krishna Rao, SC for Municipal Corporations[OPUC ] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11 .Two CD Copies Srikakulam 6. 7. 8. 9. ssb • ft V t ■ HIGH COURT DATED:06/08/2025 ORDER WP(PIL) No. 137 OF 2025 if 2 9 AUG 2025 m 09 ‘3.\ ivCuiMntSectijfk^^ DISPOSING OF THE W.P.(PIL) WITHOUT COSTS