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2025 DAILYLAW 28957 (AP)

KOYI DHANALAKSHMI v. THE STATE OF AP

WP(PIL)/162/2025 · 2025-09-02

Challa Gunaranjan, Dhiraj Singh Thakur

Public Interest Litigationbody2025

Judgment text

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APHC010413332025 IN THE HIGH COURT OF ANDHRA PRADESH.. AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ ' PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE CHALLA GUNARANJAN WP(PIL) NO: 162 OF 909fi Between: Koyi Dhanalakshmi, W/o Subba Rao, R/o House No. 16-78, Society Bazar, Mandal, Bapatia District, Erstwhile Prakasam 2051 8277 4802 048210100028687 Union Bank of India, UBIN0804827. Aged 59 years, Occ: Household, Ravinuthala Village, Korisapadu ) District. Aadhar Card No Mobile No 9490423693 Bank Account No Ravinuthala Branch IFSC ...Petitioner AND 1- The State of Andhra Pradesh rep. by its Principal Secretary to and Rural Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatia District District. Government, Panchayat Raj at Bapatia, Erstwhile Prakasam 3. The Revenue Divisional Officer, Chirala Revenue Division, Bapatia District, Erstwhile Prakasam District 4. The Tahsildar Korisapadu Mandal, Bapatia District, Erstwhile Prakasam District. / 5. The Ravinuthala Gram Panchayat, rep. by its Executive Authority-cum- Panchayat Secretary, Ravinuthala Village, Korisapadu Mandal, Bapatia District, Erstwhile Prakasam District. 6. The Sarpanch, Ravinuthala Gram Panchayat, Ravinuthala Village, Korisapadu Mandal, Bapatia District, Erstwhile Prakasam District. 7. Moparthi Lakshminarayana, S/o Hanumantha Rao Aged about 55 R/o. Ravinuthala Village, Bapatia District, Erstwhile Prakasam years. District. 8. Sri Valluri Prasad, S/o. Basavaiah, aged about 62 years. Ward Member 12th Ward, Ravinuthala Gram Panchayat, Ravinuthala Village, Bapatia District, Erstwhile Prakasam District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstancesstated 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, declaring the inaction of respondents 1 to 6 in acting upon the petitioners representation dt. 16-01-2025 and failing to protect the grazing yard land admeasuring Ac. 12.58 cents in Sy.Nos. 379,589/1 and 589/3 of Ravinuthala Revenue Village, Korisapadu Mandal, Bapatia District, Erstwhile Prakasam District from encroachments, as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, the Andhra Pradesh Gram Panchayat (Protection of Property) Rules, 2011 and the judgment of the Hon’ble Supreme Court of India in Jagpal Singh and Ors. Vs. State of Punjab and Ors., and to consequently direct respondents 1 to 6 to consider the petitioner's representation dt. 16-01-2025 and forthwith take steps to protect the grazing yard land and remove all necessary encroachments thereon strictly in accordance with law, and further to direct respondents 1 to 6 to implement G.O.Ms.No.188, dt. 21-07-2011 and the directions of the Hon’ble Supreme Court in Civil Appeal No. 1132 of 2011 by r preparing a scheme for eviction of encroachments on Gram Panchayat lands and restoring the subject grazing land to its original use. 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 respondents 1 to 6 not to regularize, alienate or otherwise permit any further encroachments on the grazing yard land admeasuring Ac. 12.58 cents covered by Sy.Nos.379, 589/1 & 589/3 of Ravinuthala Revenue Village, Korisapadu Mandal, Bapatia District, Erstwhile Prakasam District and to consider the petitioner’s representation dt. 16-01-2025 for immediate protective measures, pending disposal of the main Writ Petition. Counsel for the Petitioner; SRI PETLURI NAGA RAJU Counsel for the Respondent No. 1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 and 6: SRI M SUDHIR SC FOR ZPP, MPP ANDGP The Court made the following order: Bench Sr.No;-2 , [3552] . ' APHC010413332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO; 162 of 2025 ...Petitioner Koyi Dhanalakshmi Vs. ...Respondents The State of Andhra Pradesh and others ********** Mr. T. Praveen Kumar representing Mr. Petiuri Naga Raju Advocate for Petitioner GP for Panchayat Raj & Rural Development for R.1 GP for Revenue for R.2 to R.4 M. Sudhir (Standing Counsel) for R.5 & R.6 Advocate(s) for Respondent(s): CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN : 3'^ September, 2025 DATE P C : This petition is disposed of with a direction to the District Collector, Bapatia, to consider the representation filed by the petitioner, dated 16.01.2025, and to take appropriate action in accordance with law. The result of the decision taken be communicated to the petitioner preferably within three months. No order as to costs. Miscellaneous applications pending if any shall stand qjosed. achari assistant REGISTRAR //TRUE COPY// SECTION OFFjhER To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of AP, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatia District at Bapatia, Erstwhile Prakasain District. t Division, Bapatia Divisional Officer, Chirala Revenue 3. The Revenue District, Erstwhile Prakasam District. Bapatia District, Erstwhile Tahsildar, Korisapadu Mandal 4. The Prakasam District. 5. The Executive Authority-cum-Panchayat Secretary, Ravinuthala Gram Korisapadu Mandal, Bapatia District, Panchayat, Ravinuthala Village, Erstwhile Prakasam District. Panchayat, Ravinuthala Village 6. The Sarpanch, Ravinuthala Gram Mandal, Bapatia District, Erstwhile Prakasam District. Korisapadu 7. OneCCto 8. One CC to Sri. M 9. Two CCS to GP for Sri. Petiuri Naga Raju Advocate [OPUC] Sudhir SC for ZPP, MPP and GP [OPUC] Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] lO.TwoCCsto GP for Revenue, 11.Two CD Copies High Court of Andhra Pradesh [OUT] GSC HIGH COURT DATED:03/09/2025 ORDER WP(PIL) NO. 162 OF 2025 M 19 SEP 2025 rn Co' O ^s4^ent Sectiojix'''i/' DISPOSING THE WP(PIL) WITHOUT COSTS