Ir APHC010405272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS WEDNESDAY,THE TWENTIETH DAY OF AUGUST O-f. TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 157 OF 2025 Between: Kanigiri Srinivasa Rao, S/o Kanigiri Narasayya, aged 43 years, R/o Dr No 1- 46, SC Colony, Gushini, Nellimarla Mandal, Vizianagaram District, Andhra Pradesh-535218 Canara Bank, Account Number 81120100007222, Vizianagaram District, PAN No. FNPPK6631A, Aadhar No. 700346255416. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Revenue, A. P. Secretariat, Velagapudi, Amaravati Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Panchyathi Raj and Rural Development, A. P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector, Vizianagaram, Vizianagaram District, Andhra Pradesh. 4. The Revenue Divisional Officer, Vizianagaram, Vizianagaram District, Andhra Pradesh. 5. The Tahsildar, Nellimarla Mandal, Vizianagaram District, Andhra Pradesh. 6. The District Panchayath Officer, Gushini Village, Vizianagaram District, Andhra Pradesh. 7. Chandaka Surappa Naidu, S/o Appala Swami, R/o Gushini Village, Nellimarla Mandal, Vizianagaram District, Andhra Pradesh. 8. Chandaka Satyam, S/o Sanyasappadu, R/o Gushini Village, Nellimarla Mandal, Vizianagaram District, Andhra Pradesh. ...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 a writ, order or direction more particularly one in the nature of writ of mandamus to declaring the to issue a Writ Order or direction, particularly in the nature of a Writ of Mandamus, declaring the inaction of the respondent authorities in preventing the encroachments on government lands, classified as Metta (government- assigned land) and “S. Poramboku (burial ground), situated in Survey Nos. Village, NellimarlaMandal, Vizianagaram 65/15, 65/30, and 79/2, Gushini District, in pursuance of the representation of the petitioner dated 19/3/2025 as unjust, illegal, arbitrary and amounts to infringement of Fundamental Rights of citizens guaranteed under Articles 14, 15, 16, 19, 21, and 300-A of the Constitution of India and consequently direct the respondents to take immediate corrective steps to remove the encroachments from the government lands in Survey Nos. 65/15, 65/30, and 79/2 duly restoring the legal status of these lands, ensuring their proper use for public purposes, including their use as burial grounds and other public properties, as per the revenue recordsin light of the judgment in MahanthiVasudeva Rao vs The State of Andhra Pradesh on 2 February 2023, wherein the Hon'ble Court reiterated the state's duty to protect burial grounds and public lands from unauthorized encroachments. 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 appropriate interim directions to the respondents, to remove encroachments situated in the subject land which is classified as Government land, in Survey Nos. 65/15, 65/30, and 79/2, situated in Gushini Village, NellimarlaMandal, Vizianagaram District, and pass such order or orders in accordance with law pending disposal of the above writ petition. Counsel for the Petitioner: SRI JADA SRAVAN KUMAR Counsel for the Respondent Nos.1, 3 to 5: GP FOR REVENUE Counsel for the Respondent Nos.2 & 6:GP FOR PANCHAYAT RAJ & issue RURAL DEVELOPMENT Counsel for the Respondent Nos.7 &8:-- The Court made the following order: Bench Sr.No;-5 [3483] APHC010405272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SMB in? W.P(PIL).No.157 of 2025 ...Petitioner Kanigiri Srinivasa Rao Vs. ...Respondents The State of Andhra Pradesh and others ********** Sri Jada Sravan Kumar Advocate for petitioner Advocate for respondents Learned Government Pleader for Revenue, learned Government Pleader for Panchayat Raj and Rural Development. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 20th August 2025 P C : This Writ Petition is disposed of with a direction to the respondents to consider the representation dated 19.03.2025 wherein the petitioner had alleged encroachment of Government Land over a water body, metta and a canal situated in Sy.Nos.65/15, 65/30 and 79/2 in Gushini Village, Nellimarla Mandal, Vizianagaram District. The directions as contained in W.P(PIL).No.140 of 2022 and batch decided on 14.09.2022 be followed strictly and appropriate decision be taken in accordance with law and the same be communicated to the petitioner 2. preferably, within three (3) months. No costs. 2 Pending miscellaneous applications, if any, shall stand closed. Sd./-V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Department of Revenue, State of Andhra 1. The Principal Secretary Pradesh, A. P. Secretariat, Velagapudi, Amaravati Guntur District. Department of Panchyathi Raj and Rural Development, State of Andhra Pradesh, A. P. Secretariat, Velagapudi, 2. The Principal Secretary, Amaravati, Guntur District. 3. The District Collector, Vizianagaram, Vizianagaram District, Andhra Pradesh. 4. The Revenue Andhra Pradesh. 5. The Tahsildar, Nellimarla Pradesh. 6. The District Panchayath Officer, Gushini Village, Vizianagaram District, Andhra Pradesh. 7. One CC to Sri Jada Sravan Kumar, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] GP for Panchyathi Raj and Rural Development, High Court Divisional Officer, Vizianagaram, Vizianagaram District, Mandal, Vizianagaram District, Andhra 9. Two CCs to of Andhra Pradesh. [OUT] 10. Two CD Copies. ssb HIGH COURT DATED:20/08/2025 ORDER WP(PIL) No. 157 OF 2025 DISPOSING OF THE W.P.{PIL) WITHOUT COSTS