I! ^ A APHC010349702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I "0>’: THURSDAY, THE SEVENTEENTH DAY OF vJULY|^Jj|||^® ^ TWO THOUSAND AND TWENTY FIVE "■ PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17791 OF 7C)9fi •A.'- Between; S Rajab Basha, S/o. S. Khader Sab, r/o. Sundupalli Mandal, Annamayya District. 1-68B, Madithadu Village, T. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, AP Secretariat, Velagapudi, Amaravati. 2. The District Panchayat Officer, Annamayya District, Rayachoty. 3. The Panchayat Secretary, Rayavaram Gram Panchayat, Rayavaram, T. Sundupalli Mandal, Annamayya District. 4. The Revenue Divisional Officer, Rajampet Revenue Division, Rajampet, Annamayya District. 5. The Tahsildar, T. Sundupalli (M), T. Sundupalli, Annammayya District. 6. The Asst Commissioner District, Kadapa. 7. Samineni Reddaiah, cum District Endowments Officer, Annamayya S/o. Subbaiah, Rayavaram, T. Sundupalli (M), Annammayya District. Kudumvandia Palli, H/o. ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be praying that in the pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not acting upon the petitioners complaint/legal notice dt:28-04-2025 for removal of encroachments in Sy.No.8 and 30-A2 of Rayavaram Revenue Village, T. Sundupalli Mandal, Annamayya District as illegal and arbitrary, and consequently direct the respondents to shift the corpse buried by the unofficial respondent intentionally in Sy. No.8 (road), with a further direction to remove the encroachments in Sy.No.8 and 30-A2 of Rayavaram Revenue Village, T. Sundupalli Mandal, Annamayya District in the interests of justice. 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 respondents to take action upon my complaint/legal notice dt; 28-04-2025 by shifting the corpse buried by the unofficial respondent in Sy. No.8 which is a cart track road pending disposal of the Writ Petition. Counsel for the Petitioner: SRI DHARANI KUMAR B Counsel for the Respondent Nos. 1 & 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: SRI M SUDHIR (SC FOR ZPPS, MPPS &GP) Counsel for the Respondent Nos. 4 & 5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR ENDOWMENTS Counsel for the Respondent No.7: — The Court made the following order: APHC010349702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] •> THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17791 /2025 Between: 1.S RAJAB BASHA, S/O. S. KHADER SAB, R/0. 1-68B, MADITHADU VILLAGE, T. SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT PANCHAYAT OFFICER, ANNAMAYYA DISTRICT, RAYACHOTY. 3.THE PANCHAYAT SECRETARY, RAYAVARAM GRAM PANCHAYAT, RAYAVARAM, T. SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. 4.THE REVENUE DIVISIONAL OFFICER, RAJAMPET REVENUE DIVISION, RAJAMPET, ANNAMAYYA DISTRICT. 5.THE TAHSILDAR, T. SUNDUPALLI (M), T. SUNDUPALLI, ANNAMMAYYA DISTRICT. 6.THE ASST COMMISSIONER CUM DISTRICT ENDOWMENTS OFFICER, ANNAMAYYA DISTRICT, KADAPA. 7.SAMINENI REDDAIAH, S/O. SUBBAIAH, KUDUMVANDIA PALLI, H/0. RAYAVARAM, T. SUNDUPALLI (M), ANNAMMAYYA DISTRICT. ...RESPONDENT(S): 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 topleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not acting upon the petitioners complaint/legal notice dt28-04-2025 for removal of encroachments in Sy.No.8 and 30-A2 of Rayavaram Revenue Village, T. Sundupalli Mandal, Annamayya District as illegal and arbitrary, and consequently direct the respondents to shift the corpse buried by the unofficial respondent intentionally in Sy. No.8 (road), with a further direction to remove the encroachments in Sy.No.8 and 30-A2 of Rayavaram Revenue Village, T. Sundupalli Mandal, Annamayya District in the interests of justice and to pass 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 pleased to direct the respondents to take action upon my complaint/legal notice dt:28-04-2025 by shifting the corpse buried by the unofficial respondent in Sy. No.8 which is a cart track roadpending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1.DHARANI KUMAR B Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NI MMAG AD DA WRIT PETITION No.17791 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not acting upon the petitioners complaint/ legal notice dt.28.04.2025 for removal of encroachments In Sy.No.8 and 30-A2 of Rayavaram Revenue Village, T.Sundupalli Mandal, Annamayya District as illegal and arbitrary and consequently direct the respondents to shift the corpse buried by the unofficial respondent intentionally in Sy.No.8 (road) with a further direction to remove the encroachments In Sy.No.8 and 30-A2 of Rayavaram Revenue Village, T. Sundupalli Mandal, Annamayya District in the Interests of justice and to pass such other order or orders...’’ 2. Heard learned counsel for the petitioner and learned Standing Counsel for Gram Panchayat appearing for the respondents. Learned counsel for the petitioner submits that the petitioner herein is the resident of Madithadu, T.Sundupalli Mandal, Annamayya District having an agricultural land to an extent of Ac.1.48 cents in Sy.No. 19 of the Rayavaram Revenue Village, T.Sundupalli Mandal, Annamayya District. The unofficial respondent herein is holding the land in Sy.No.30-A2, which is opposite to the petitioner’s land, after the road in Sy.No.8. While so, the unofficial respondent/ respondent No. 7 buried the corpse of his father in unauthorized place (in the middle of the cart track road in Sy.No.8) within intention to block petitioner’s access from the road to his land in Sy.No. 19 which is contrary to Section 89 of the Panchayat Raj Act, 1994 (in short ‘the 3. an Act, 1994 ). Even though the petitioner brought to the notice of the respondent No.3 about the illegal burying of the corpse of the father of the unofficial respondent, respondent No.3 neither prevented the same nor issued any other proceedings directing the unofficial respondent not to carry out the said action. Then, the petitioner herein issued a legal notice dated 28.04.2025 to the respondent authorities more particularly, respondent No.3, who is the competent authority to adhere to Section 89 of the Act, 1994 and not to allow any type of encroachments and unauthorized activities upon the public rasta which was already notified as per the revenue record. Even after receipt of the said legal notice, respondent No.3/ Gram Panchayat neither issued any legal proceedings nor replied to the petitioner. Hence, the writ petition. On the other hand, learned Standing Counsel appearing for respondent No.3 submits that as per Section 89 of the Act, the Gram Panchayat should not allow any unauthorized or illegal activities by the villagers at public place. He further submits that the Gram Panchayat/ respondent No.3 received legal notice dated 28.04.2025 4. issued by the petitioner and the same will be considered and appropriate orders would be passed in accordance with law with reference to Section 89 as well as Section 98 of the Act, 1994. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing respondent No.3 herein to consider the legal notice dated 28.04.2025 issued by the petitioner on and take steps for removal of any encroachments and not to allow any unauthorized or illegal activities at public place of the Gram Panchayat and pass appropriate orders. After passing of such orders, respondent no.3 is directed to communicate the same to the petitioner. The entire exercise shall be completed within a period of six (06) weeks from the date of receipt of a copy of this order. A Accordingly, the writ petition is disposed of. There shall be no order as 6. to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// frO^FRCER SEC To, 1. The Principal Secretary, Panchayat Raj Department, AP Secretariat, Velagapudi, Amaravati. 2. The District Panchayat Officer, Annamayya District, Rayachoty. 3. The Panchayat Secretary, Rayavaram Gram Panchayat, Rayavaram, T. Sundupalii Mandal, Annamayya District. 4. The Revenue Divisional Officer, Rajampet Revenue Division, Rajampet, Annamayya District. 5. The Tahsildar, T. Sundupalii (M), T. Sundupalii, Annammayya District. The Asst Commissioner cum District Endowments Officer, Annamayya District, Kadapa. 7. One CC to Sri Dharani Kumar B Advocate [OPUC] 8. One CC to Sri M Sudhir (SC for ZPPS, MPPS & GP) Advocate [OPUC] 9. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 12. Two CD Copies 6. TF HIGH COURT DATED:17/07/2025 f B “ Af3 20?5 Current Section , ' ORDER WP NO. 17791 OF 2025 oV m W W DISPOSING OF THE W.P., WITHOUT COSTS