APHC010346352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAD[5a WRIT PETITION NO: 17605 OF 2025 Between: 1. Salivendra Baburao, S/o. Joji, Age. 66 Years, Occ: Daily Labour, H.No. 4-64 Velagapudi,Tulluru Mandal, Guntur District. Pin. 522237. 2. Salivendra Bujji,, S/o. Agasteen, Age. 40 Years, Occ: Daily Labour, H.No. 4-91, Velagapudi, Tulluru Mandal, Guntur District. Pin. 522237. 3. Katepogu Ravi Kumar, W/o. Seetha, Age. 45 Years, Occ: Daily Labour, H. No. 4-151 Velagapudi, Tulluru Mandal, Guntur District. Pin. 522503. 4. Kodideti Yesudasu, W/o. Meramma, Age Years, H.No. 2-182, Gottimukkala, Gurajala Mandalam, Guntur District. Pin.522415 5. Ch. Veeraiah, S/o. Thamass, Age 43 years Occ: Daily Labour, H.No. 5- 132, Cheruvulo, Chinakakani, Guntur District. Pin. 522508. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District Andhra Pradesh - 522 237. 2. The District Collector, Guntur, Guntur District, Andhra Pradesh - 522 004. 3. The Tahsildar, Tulluru Mandal, Guntur District, 522237. Andhra Pradesh - Guntur 4. The Gram Panchayath, Velagapydi Village, Tulluru Mandal, District, Andhra Pradesh - 522 237, Rep. by its Secretary. 5. The Panchayath Secretary, Velagapudi Village, Tulluru Mandal, Guntur District, Andhra Pradesh - 522 237 ...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 appropriate writ, order, or direction, particularly one in the nature of a Writ of Mandamus, declaring the inaction of the respondents to take appropriate action against the encroachment and restore public access to the pathway as arbitrary, illegal, violative of principles of natural justice, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondents to take corrective measures. !A NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to act upon the representation dated 09-09- 2024, who has encroached upon Government land by constructing a compound wall and restore public access to the pathway. Counsel for the Petitioners: SRI G.L NARASIMHA REDDY Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent Nos.4 & 5 : SRI M.SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following order: / / APHC010346352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17605/2025 Between: 1.SALIVENDRA BABURAO, S/0. JOJI, AGE. 66 YEARS, OCC DAILY LABOUR. H.NO. 4-64 VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT. PIN. 522237. 2.SALIVENDRA BUJJI,, S/0. AGASTEEN, AGE. 40 YEARS, OCC DAILY LABOUR, H.NO. 4-91, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT. PIN. 522237. 3.KATEPOGU RAVI KUMAR, W/0. SEETHA, AGE. 45 YEARS, OCC DAILY LABOUR, H. NO. 4-151 VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT. PIN. 522503. 4.KODIDET1 YESUDASU, W/0. MERAMMA, AGE YEARS, H.NO. 2-182, GOTTIMUKKALA, GURAJALA MANDALAM, GUNTUR DISTRICT. PIN.522415 5.CH. VEERAIAH, S/0. THAMASS, AGE 43 YEARS OCC DAILY LABOUR, H.NO. 5-132, CHERUVULO, CHINAKAKANI, GUNTUR DISTRICT. PIN. 522508. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, A.P. SECRETARIAT, SECRETARY, 2 Pradesh" 522 ANDHRA 2.THE DISTRICT COLLECTOR ANDHRA PRADESH - 522 004. 3.THE TAHSILDAR. TULLURU MANDAL ANDHRA PRADESH - 522237. 4. THE GRAM PANCHAYATH, MANDAL, GUNTUR DISTRICT BY ITS SECRETARY. 5.THE GUNTUR, GUNTUR district. GUNTUR DISTRICT, VELAGAPUDI VILLAGE, TULLURU ANDHRA PRADESH - 522 237, REP. PANCHAYATH TULLURU MANDAL, SECRETARY, VELAGAPUDI GUNTUR DISTRICT, ANDHRA VILLAGE, PRADESH - 522 237 ■■.RE3PONuenT(S): oircultTerj^atedirL' in .he pleased topleased to isLe L a^„T' ! may be one in the nature o a Writ TJT Particularly respondents to «e appropriate a '"^^‘i°n of public access to the pathwav the encroachment and restore natural justice, and violative of Articte M and 2Tofl!^'^r® P™oiples of ■ consepuentiy direct the respond^^lr.ar^er“re?::^ the and pass jA NO: 1 OF 2025 Petition under Section 151 CPC in the affidavit filed i pleased to direct the 2024, „ who has compound wall and restore public Counsel for the Petitioner(S): 1.NARASIMHA REDDY. G L Counsel for the Respondent(S): praying that in the circumstances stated m support of the petition, the High Court respondents to act upon the encroached may be pleased representation dated 09-09- upon Government land by access to the pathway. constructing a 3 / 1.GP FOR REVENUE 2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps.M.P.Ps,Gram Panchayats The Court made the following: (> 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17605/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ pleased to issue an appropriate writ, order, or direction, particularly one in the nature of a Writ of Mandamus, declaring the inaction of the respondents to take appropriate action against the encroachment and restore pubiic access to the pathway as arbitrary, illegai, violative of principles of natural justice, and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondents to take corrective measures and pass ” Heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. 2. Learned counsel for the petitioners submits that the petitioners are the absolute owners and possessors of the property measuring to an extent of Ac.2.52 cents, situated in Survey No.31/1 of Velagapudi Gram Panchayat, Thullur Mandal, Guntur District. The petitioners acquired the said property through a registered partition deed bearing Document No.4341/2010, dated 18.06.2010. In the year 2010, certain individuals associated with the Telugu Baptist Church and unlawfully constructed a compound wall on a 5-foot pathway, whicLi serves as the sole access route to the petitioners’ property, thereby causing significant hardship to the petitioners. 3. 5 4. He further submits compound wall that in furtherance around the church, they of construction of the said occupied the joint passage and Aggrieved by the same, online dated another representation proceeded with the the petitioners submitted a construction of compound wall. representation though Spandana the petitioners submitted 04.09.2023. On 09.09.2024, by bringing to the notice of the third compound wall by encroaching the joint contrary to the provisions of the Andhra Article 51(A) of the Constitution G.O.Ms.No.188, dated 21.07.2011. parities who constructing the path way of the petitioners, which is Pradesh Panchayat Raj Act are 1994 of India and also contrary to the terms of As per Rule 4, wherein,it respondents shall not allow specifically any encroachments in contemplates that the respect of the Panchayat Rights and Community Properties vested with the Gram submitted by the petitioners the respondent Nos.3 to 5 have of the Gram Panchayat Act. and the properties Panchayat. Even though the and the same representation was was received by the respondents, not initiated any action under Section 96 & 98 Hence, the present Writ Petition. 5. The learned counsel for the petitioner relied upon the Judgment of this Court in W.P.(PIL) No.140 of 2022 rendered by the Division Bench and batch, dated 14.09.2022. 6 On the other hand, the learned Standing Counsel for the respondents furnished a copy of the written instructions issued by the 5*'^ respondent, wherein, the relevant portion is extracted hereunder; 6. “It is humbly submitted that on several representations made by the petitioner, this gram panchayat has issued notices to "Telugu Bapatist Church" situated in Sy. No. 31/1 for constructing a compound wall by blocking ingress and egress of the pathway. But the said Telugu Bapatist Church didn't respond to any of the notices given by this gram panchayat. It is humbly submitted that then this gram panchayat has passed resolution for conducting of survey on 12.11.2024 through Resolution No. 3 in the said disputed land and addressed a letter to the Tahsildar, Tullur mandal for conducting of survey in the above said land. Then the Tahsildar, Tullur mandal has directed Village Surveyor to conduct survey in the said disputed land and to give a detailed report of the above issue. It is humbly submitted that The Village Surveyor has conducted survey on 14.07.2025 and given a report stating that The Telugu Bapatist Church has not produced any document to conduct survey but the petitioners has submitted an old document and according to the old documents of the petitioners there is no path exists as said by the petitioners and also stated that complete survey was not able to ^ conduct because the Telugu Bapatist Church has not submitted any documents. ” The learned Standing Counsel further submits that the respondent Gram Panchayat conducted an inspection of the subject premises and, upon such inspection, found that there is no joint pathway or passage, as alleged by 7. 7 the learned counsel for the way of a resolution dated 12.11.2024, respondent herein, to conduct petitioners. Nevertheless, the respondents, by requested the Tahsildar, i.e., the 3'’'^ a survey and demarcation of the petitioners' joint pathway/passage counsel for the petitioners, reasons stated above, the Gram upon completion of the property and any public property, including the alleged of the Gram Panchayat, as referred by the learned He further submits that, in view of the Panchayat shall proceed further only demarcation, and strictly in accordance with law. survey and 8. Upon considering the submissions on perusal of the material available petitioners have submitted made by both learned counsel and on record, it is observed that the a detailed representation narrating the alleged encroachment by third parties in the course of constructing in and around the premises of the Telugu Baptist Church down by the Division Bench of this a compound wall ■ As per the ratio laid Court in W.P.(PIL) No.140 of 2022 and batch, dated 14.09.2022, it is a statutory obligation Nos.3 to 5 to remove cast upon respondent any encroachments made on properties vested with the Gram Panchayat. In the present case, if the record establishes the existence of the joint pathway in question, such pathway is deemed to be vested with the Gram Panchayat. Panchayat to protect and property Accordingly, it is the duty of the Gram preserve the said property in its original form. The are reiterated by the Division Bench said contentions of this Court in 8 W.P.(PIL) No.140 of 2022 and batch, dated 14.09.2022,. For more understanding, the relevant portion of the said Judgment is extracted hereunder: It is unfortunate to note that despite the directions of the Hon'ble Supreme Court in Jagpal Singh (supra) as noted above and despite framing the Rules of 2011, no steps are taken by the authorities of the Gram Panchayat to protect the Gram Panchayat lands from encroachment, and similarly, no steps are being taken by the Government and its authorities in protecting the government lands, and this is evident from the fact that day in and day out, writ petitions are being filed before this Court, in the nature of public interest litigation, alleging inaction of the authorities of the State Government in protecting the government lands and removing the encroachments. /As the public authorities are failing in their duties in protecting the government lands, which are meant for the common use of general public, despite bringing to their notice, public spirited persons approaching this Court to intervene and direct the public authorities to protect the government lands from encroachments. ‘6. are Considering the matter in its entirety and the significant public interest involved, we deem it appropriate to issue the following directions to the authorities: 7. (i) The executive authority, i.e., Panchayat Secretary, of the respective Gram Panchayats in the State shall identify the Gram Panchayat lands, which are unauthorizedly occupied/encroached, and take steps for removal of such encroachments by issuing notice and providing opportunity of hearing to the occupants/encroachers in terms of the procedure prescribed in Rules unauthorized 9 of 2011. This complete exercise shall be done within a period of six months from today. ii) So far as the encroachments over the lands concerning the Department/Revenue Municipalities/Forest concerned, even if no separate Rules have been framed prescribing the procedure to be followed in the matter of removal Department are of encroachments over those lands, the officials of the concerned Departments, i.e., the Departments of Municipal Administration, Forest and Revenue, shall also undertake and complete the exercise of identification of unauthorized occupations/encroachments lands belonging to their respective Departments, within a period of two months from today, and thereafter, take steps for removal of such encroachments by following the principles issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers, within a further period of four months. ” over the of natural Justice, i.e.. 9. In view of Section 98 of the Andhra Pradesh Panchayat Raj the 4*'' respondent-Gram encroachments found on Act, 1994, Panchayat is duly empowered to remove any property vested with it. Accordingly, in the present case, the Gram Panchayat passed a resolution dated 12.11.2024 the 3'"' respondent-Tahsildar to requesting conduct a survey and demarcation of the subject property. The respondent Nos.3 to 5 are directed to conduct the said survey and demarcation within a reasonable period, not exceeding two (02) months from the date of the survey, if any encroachments Telugu Baptist Church, the Gram receipt of a copy of this order. Upon completion of are identified particularly with respect to the Panchayat shall initiate appropriate action 10 for removal of such encroachments within two (02) months thereafter by providing an opportunity of personal hearing to the petitioners and other stake holders, if any, in accordance with law. With the above directions, the Writ Petition is disposed of. There shall 10. be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- A. VIJAYA BABU ASSISTANTREGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Pradesh, A.P. Secretariat, Andhra Pradesh - 522 237. 2. The District Collector, Guntur, Guntur 004. 3. The Tahsildar, Tulluru Mandal, Guntur 522237. 4. The Secretary, Gram Panchayath, Velagapudi Village, Tulluru Mandal Guntur District, Andhra Pradesh - 522 237 5. The Panchayath Secretary, Velagapudi Village District, Andhra Pradesh - 522 237 ^^One CC to Sri G. L. Narasimha Reddy, Advocate 7. Two CC to GP for Revenue, High Court of Andhra 8. One CC to Sri M. Sudhir, SC for Gram 9. Two C.D. Copies Revenue Department, State Velagapudi, Amaravathi, Guntur District of Andhra District, Andhra Pradesh - 522 District, Andhra Pradesh - Tulluru Mandal, Guntur (OPUC) Pradesh. (OUT) Panchayat (OPUC) Cnr HIGH COURT DATED;28/07/2025 \ ORDER WP NO. 17605 OF 2025 * DISPOSING OF THE W P WITHOUT COSTS