APHC010418742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21330/2025 Between: 1. PITHANI VENKATA RAMANA, , S/O SATYAM, HINDU, AGED ABOUT 58 YEARS, R/O D.NO. 5-339, PITHANIVARI PALEM, KAMANAGARUVU, AMAIAPURAM(RURAL), AMALAPURAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYATHRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, AMALAPURAM, DR.B.R.AMBEDKAR KONAEEMA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, AMALAPURAM, AMALAPURAM MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT.. 4. THE THASILDHAR, AMALAPURAM, AMALPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, AMALAPURAM, DR.B.R AMBEDKAR KONAEEMA DISTRICT. 6. THE KAMANAGARUVU PANCHAYATHI, REP. BY ITS SECRETARY, KAMANAGARUVU, AMALAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 2 7. PITHANI GOPALA KRISHNA, S/O ATTEMSETTY R/O PITHANIVARI PALEM, KAMANAGARUVU PANCHAYATH, AMALAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 8. DOMMETI ADIBABU, S/O CHANDRA RAO, PITHANIVARI PALEM, KAMANAGARUVU PANCHAYAT, AMALAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISRICT. 9. DOMMETI VENKATESWARA RAO, S /O. PUILAMSETTI, PITHANIVARI PALEM, KAMANAGARUVU PANCHAYAT, AMALAPURAM MANDAI, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 10. DOMMETI ARJANNA, S/O PUILAMSETTI, PITHANIVARI PALEM, KAMANAGARUVU PANCHAYAT, AMALAPURAM MANDAI, DR.B.R. AMBEDKAR KONASEEMA DISRICT. 11. RAYUDU SRINIVASA RAO, S/O PALLAYYA, PITHANIVARI PALEEM, KAMANAGARUVU PANCHAYAT, AMALAPURAM MANDAI, DR. B. R. AMBEDKAR KONASEEMA 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not taking any steps or any action on representation made by the petitioner on dt.09.09.2023 against the Respondents No 7 to 11 who are trying to encroach path way which is situated in the Government land situated in Pithanivaripalem village, Amalpuram Mandai, Dr. B.R.in R.S.No.834 Ambedkar Konaseema District and making obstruction for using the pathway which is there in the Government land as illegal, arbitrary and violation of Article 14 of the Constitution of India and consequentially to direct the Respondents Nos. 2 to 6 to conduct enquiry and take action against the illegal encroachments of the pathway made by the Respondents No 7 tol 1 in Government land situated in R.S.No. 834 in Pithanivari palem Village, Amalapuram Mandai, Dr. B.R.Ambedkar Konaseema District by considering the representation dated 09.09.2023 and pass such IA 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 3 may be pleased to direct the Respondent Nos. 2 to 6 to consider petitioner’s representation dt.09.09.2023 by taking action on the encroachments made by the Respondents No 7 to 11 immediately, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. K.S.G. PADMAVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21330/2025 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 respondents in not taking any steps or any action on representation made by the petitioner on 09.09.2023 against the respondent Nos.7 to 11 who are trying to encroach path way which is situated in the Government land situated in R.S.No.834 in Pithanivaripalem Village, Amalpuram Mandai, Dr. B.R. Ambedkar Konaseema District and making obstruction for using the pathway which is there in the Government land as illegal, arbitrary and violation of Article 14 of the Constitution of India and consequentially to direct the respondent Nos.2 to 6 to conduct enquiry and take action against the illegal encroachments of the pathway made by the respondent Nos.7 to 11 in Government land situated in R.S.No.834 in Pithanivari palem Village, Amalapuram Mandal, Dr. B.R.Ambedkar Konaseema District by considering the representation dated 09.09.2023 and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayat Raj for respondent No.1, learned Government Pleader for Revenue for respondent Nos.2 to 4, learned Government Pleader for Home for respondent No.5 and the learned Standing Counsel for respondent No.6. 3. Learned counsel for the petitioner submits that respondent Nos.7 to 11 are trying to encroach the pathway in R.S.No.834, 5 Pithanivari Palem, Amalapuram Mandal, which is classified as Government Poramboke. Earlier the petitioner filed a Writ Petition No.30527 of 2021 apprehending the encroachment of subject passage by respondent No.7 therein who is also respondent No.7 herein. After hearing the matter, this Court was pleased to pass an order dated 24.12.2021 in W.P.No.30527 of 2021, which is extracted hereunder: “In view of the fact that the representation of the petitioner in relation to access to his house is not being considered, this writ petition is disposed of with a direction to respondents 5 and 6 to consider the representation of the petitioner dated 18.11.2021 and take appropriate action, including approaching the superior officers, if necessary. The said respondents shall take a decision in the matter within a period of four weeks from the date of receipt of a copy of this order and initiate action, if necessary, after giving adequate notice to the 7th respondent. There shall be no order as to costs.” 4. Learned counsel for the petitioner further submits that even though this Court specifically directed for consideration of the representation regarding the obstructions to be created by respondent No.7 in respect of the pathway in R.S.No.834, but the respondents did not initiate any action against respondent No.7. Apart from respondent No.7 now respondent Nos.8 to 11 are also 6 trying to encroach the pathway and causing obstructions to the petitioner. Hence, the Writ Petition. 5. On the other hand, learned Government Pleader for respondent Nos.2 to 4 furnished written instructions dated 04.04.2024 issued by respondent No.4, wherein it is stated that the land in R.S.No.834 is classified as Government poramboke and earmarked as pathway. As of now there are no encroachments as alleged by the petitioner. It is further stated that as per G.O.Ms.No.188 dated 21.07.2011 it is a statutory duty on the part of the respondents to protect the public properties from the encroachments from the third parties. After directions of this Court, respondents physically visited and verified the subject land and found that there are no encroachments as of now. 6. Learned Standing Counsel for respondent No.6 furnished written instructions, wherein respondent No.6 reiterated that as of now there are no encroachments made by respondent Nos.7 to 11 as alleged by the petitioner and moreover it is further stated that there are no constructions said to have been made by the unofficial respondents. 7. Considering the submission made by the both the learned counsel and on perusal of the material placed on record and the written instructions of respondent Nos.4 and 6, it appears that the land in R.S.No.834 is classified as Government poramboke and 7 earmarked as pathway. On perusal of the affidavit, the claim of the petitioner herein is that respondent Nos.7 to 11 are trying to encroach the subject pathway, but he himself is not certain about any encroachments except making allegations. On perusal of the material submitted by the respondents it is clear and categorical that as of now there are no encroachments as alleged by the petitioner and is only an apprehension on the part of the petitioner. It is brought to the notice of this Court that the petitioner also filed a Writ Petition on earlier occasion and this Court specifically directed the respondents if any encroachments are there by considering the representation, the same can be removed by following due process of law. Having invited such order, again the petitioner filed the present writ petition for the same relief alleging non-compliance of the order of this Court dated 24.12.2021 even though it is complied with, which is nothing but an abuse of process of law by the petitioner. However, this attitude and nature of the petitioner by filing the petitions one after another for the same relief, even after redressing his grievance by this Court, appears that the petitioner is a petition-monger. Considering the same, if the petitioner files any other writ petition regarding this issue, it can be viewed that the petitioner is intentionally abusing the process of law. 8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. 8 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2299..0088..22002255 TTPPSS 9 199 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:21330 of 2025 2299..0088..22002255 TTPPSS 10