APHC010360542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY EIGHTH DAY OF JULY l§ i TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18372 OF 2025 ESfS 5^ of U . ✓ Between: Singaraju Raja Srinivas, S/o.Sri Rama Chandra Rao, Occ: Business and Agriculture Machilipatnam, Krishna District. Aged about 54 years, R/o.D.No.1/143, Ullipalem, Potepalli P.O., ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary - Panchayat Raj, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Panchayat Raj, Tadepalli, GunturDistrict. 3. The Collector, Machilipatnam, Krishna District. 4. The District Panchayat Officer, Collectorate compound, Machilipatnam, Krishna District. 5. The Mandal Parishad Development KrishnaDistrict. Officer, Guduru Mandal, 6. The PosinavaripalemGram Panchayat Posinavaripalem, Guduru Mandal, Krishna District, Rep by its Panchayat Secretary. 7. Pitia Sai Babu, S/o Venkanna, Age Major, Occ: Agriculture PendivariPalem, Guduru Mandal, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India e praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, direction, declaring the action of the or any other appropriate writ, order or respondents 3 to 6 in not taking any steps to remove the illegal encroachment of the 7th respondent by erecting shed and haystack in the road margin in between the field of the and panchayat road though the petitioner submitted petitioner a representation dated 14, 21 and 300-A of consequently direct the respondents 4 to 6 to made by the 7^^ respondent 06.05.2025 as illegal, arbitrary and violation of Articles the Constitution of India and initiate steps to remove the illegal encroachment by erecting shed and haystack. lA NO: 1 OF 7C)9fi Petition under Section 151 CPC praying that in the circumstances stated t in the affidavit filed in support of the petition, the High Court may be pleased to grant interim direction to direct the respondents 4 to 6 to initiate steps to remove the illegal encroachment made by the y* respondent by erecting shed and haystack in between the petitioner's land and the panchayat road margin forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI B. V. ANJANEYULU Counsel for the Respondent Nos.1 to 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.5 & 6: Counsel for the Respondent No.7: The Court made the following order: APHC010360542025 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: 18372/2025 Between; 1.SINGARAJU RAJA SRINIVAS, S/O.SRI RAMA CHANDRA RAO AGED ABOUT 54 YEARS, OCC BUSINESS AND AGRICULTURE, R/O.D.NO.1/143, ULLIPALEM, POTEPALLI P.O., MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARIAT, VELAGAPUDI, SECRETARY -PANCHAYAT RAJ GUNTUR DISTRICT. TADEPALLl, 2.THE COMMISSIONER, PANCHAYAT RAJ GUNTURDISTRICT. 3.THE COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT. 4.THE DISTRICT PANCHAYAT OFFICER, COLLECTORATE COMPOUND, MACHILIPATNAM, KRISHNA DISTRICT. 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, GUDURU MANDAL, KRISHNADISTRICT. 6.THE POSINAVARIPALEMGRAM PANCHAYAT, POSINAVARIPALEM, GUDURUMANDAL, KRISHNADISTRICT, REP BY ITS PANCHAYAT SECRETARY. 7.PITLA SAI BABU, S/0 VENKANNA , AGE MAJOR, AGRICULTURE,PENDIVARIPALEM, GUDURU MANDAL, KRISHNA OCC 2 A 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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 3 to 6 in not taking any steps to remove the illegal encroachment of the 7th respondent by erecting shed and haystack in the road margin in between the field of the petitioner and panchayat road though the petitioner submitted a representation dated 06.05.2025 as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 4 to 6 to initiate steps to remove the illegal encroachment made by the 7th respondent by erecting shed and haystack and 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 grant interim direction to direct the respondents 4 to 6 to initiate steps to remove the illegal encroachment made by the 7th respondent by erecting shed and haystack in between the petitioner’s land and the panchayat road margin forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.B VANJANEYULU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18372/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 to 6 in not taking any steps to remove the illegal encroachment of the respondent by erecting shed and haystack in the road margin in between the field of the petitioner and panchayat road though the petitioner submitted a representation dated 06.05.2025 as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution respondent Nos.4 to 6 to initiate steps to remove the illegal encroachment made by the 7^'’ respondent by erecting shed and haystack and pass such other order. ” of India and consequently direct the 2. Heard the learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 to 4 and the learned Standing Counsel for respondent nos.5 and 6. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the land in Sy.No.148-1, 151-A, 151-B, 152-1B, 152-2 situated at Kappaladoddi Village, Gudur Mandal, Krishna District and which are adjacent to the subject encroachment (road margin). The petitioner has been cultivating his lands since long time and he has ingress and egress to his lands ' / through the CC road where the encroachments were made by the unofficial respondents. While so, the petitioner submitted a representation dated 16.05.2025 for removal of the encroachments. 4. Learned Standing Counsel submits that considering the representation of the petitioner, respondent No.6 issued a notice on 10.06.2025 directing respondent No.7 to remove the encroachments. The 4'^’ respondent also issued an endorsement dated 11.07.2025. wherein it is stated that 7'^^ respondent not occupied any land of the petitioner as alleged by the petitioner, but the respondent occupied an extent of Ac.0.01 cents of road margin and converted the same as cattle shed and stored haystack. Therefore, the respondent authorities G.O.Ms.No.188 dated 21.07.2011. will take steps as per 5. Considering the submissions made by both the learned counsel, the present Writ Petition is disposed of directing respondent Nos.4 and 6 to proceed further in terms of the notice as well as endorsement, after providing opportunity of hearing to the petitioner as well as 7*'' respondent and by conducting survey and demarcation as per the provisions of A.P. Survey and Boundaries Act, with the assistance of revenue authorities and take action for removal of the encroachments if any, in accordance with law. The said survey should be conducted within a period of four(4) months 5 from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M. SRINIVAS ASSISTANT RE^TRAR SECTI^ OFFICER //TRUE COPY// To 1. The Principal Secretary, Panchayat Raj, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Panchayat Raj, Tadepalli, GunturDistrict. 3. The Collector, Machilipatnam, Krishna District. 4. The District Panchayat Officer, Collectorate compound, Machilipatnam, Krishna District. 5. The Mandal Parishad Development Officer, Guduru Mandal, Krishna District. 6. The Panchayat Secretary, Posinavaripalem Gram Panchayat, Posinavaripalem, Guduru Mandal, Krishna District. 7. One CC to Sri B. V. Anjaneyulu, Advocate [OPUC] 8. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. ssb HIGH COURT DATED:28/07/2025 ORDER WP No. 18372 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS