1 APHC010485372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24879/2025 Between: 1. KARUMURI RAMA SASTRULU, S/O (LATE) VEERARAGHAVAIAH AGED ABOUT 64 YEARS, R/O SF-2, B-BLOCK VENKAT ENCLAVE, TIKKEL ROAD, VIJAYAWADA-10 ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY IRRIGATION DEPARTMENT, SECRETARIATE VELAGAPUDI, AMARAVATHI, AP 2. THE CHIEF ENGINEER, IRRIGATION DEPT.AT AMARAVATHI 3. THE DIVISIONAL ENGINEER, IRRIGATION DEPARTMENT, AT KAIKALURU, ELURU DIST 4. THE DISTRICT COLLECTOR, ELURU DISTRICT, AT ELURU. 5. THE MANDAL REVENUE OFFICER, MANDAVALLI MANDAL AT MANDAVALLI, ELURU DIST. 6. PERIKEGUDEM GRAMA PANCHAYAT, REP BY ITS' SECRETARY, PERIKEGUDEM, MANDAVALLI MANDAL, ELURU DIST. 7. MR BORRA SATHYANARAYANA, S/O RADHAKRISHNA, AGED ABOUT 47 YERS, R/O GANGANAMMA TEMPLE STREET, PERIKEGUDEM,MANDAVALLIMANDAL ELURU DIST. PIN 521345, 8. PERE RADHAKRISHNA, S/O ARJUNA RAO, AGED 55 YERS, OPPO ANJANEYASWAMY TEMPLE. ABUTTING NH 165, PERIKEGUDEM 2 VILLAGE, MANDAVALLI MANDAL, ELURU DIST. PIN 521345 ...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 an order or proceeding or writ more particularly one in the nature of Writ of Mandamus declaring the action of respondents 2 to 6 in not taking action against the unauthorized constructions in the encroached portion of the government poramboke belonging to the 2th respondent, made by respondents 7and 8 obstructing the access to petitioners premises viz ouse No 5-170, Perikeegudem, adjacent to NH No 165, right in front of the petitioners entry as illegal arbitrary and ultra vires their powers and violative of principles of natural justice and violative Art 14 of the Constitution of India and pass 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 Pleased to direct the respondents 4 to 6, to consider the grieviance of the petitioner vide his repreentations dt 24.04.2024, 14.08.2025 and 19.08.2025, and take action forthwith pending adjudication of the above writ petition and pass Counsel for the Petitioner: 1. P V A PADMANABHAM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an order or proceeding or writ more particularly one in the nature of Writ of Mandamus declaring the action of respondents 2 to 6 in not taking action against the unauthorized constructions in the encroached portion of the government poramboke belonging to the 2th respondent, made by respondents 7and 8 obstructing the access to petitioners premises viz ouse No 5-170, Perikeegudem, adjacent to NH No 165, right in front of the petitioners entry as illegal arbitrary and ultra vires their powers and violative of principles of natural justice and violative Art 14 of the Constitution of India and pass….” 2. Brief facts of the case are that originally, the land to an extent of Acs.0.28 cents in Sy.no.584/5 situated in Perikegudem village abutting NH165 belongs to one late Sri. Chennamsetty Veera Raghavaiah and thereafter, the petitioner’s father became owner of the said land under an exchange deed executed in the year 1945. The said land was dedicated by the petitioner’s family for worshipping lord Hanuman. In the year 1984, the petitioner’s family constructed a temple and the said premises are being used exclusively for religious and spiritual activities. On the eastern side of the petitioner’s land, a Government poramboke land is situated through which, the devotees would have access of the temple. 3. While the matter stood thus, the respondent Nos.7 and 8 have encroached the said government poramboke and have dumped construction material in front of the main entrance of the petitioner’s property, due to which, the ingress and engress to the petitioner’s property is blocked. The main 4 grievance of the petitioner is that the respondent Nos.7 and 8 are constructing a compound wall for the temple that is being constructed in the government poramboke land, which leads to complete blockage of the approach to the petitioner’s premises. As such, the petitioner has submitted several representations viz, 24.04.2024, 14.08.2025 and 19.08.2025 to respondent Nos.2 to 6 with a request to remove the encroachments of respondent Nos.7 and 8. Aggrieved by the inaction of the respondents in considering the representations submitted by the petitioner, the present writ petition is filed. 4. Heard Sri. P.V.A. Padmanabham, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Irrigation. 5. Today, when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of instructions of the Tahisldar (FAC), Mandavalli, Eluru district wherein it is stated that in pursuance of the representations submitted by the petitioner, the respondent authorities have enquired into the same and found that the unofficial respondents have encroached the land to an extent of Acs.0.03 cents out of Acs.2.47 cents in R.S.No.811 of Perikegudem village, which is classified as local fund road in the village records. It is further stated that action has been initiated against the unofficial respondents under Andhra Pradesh Land Encroachment Act, 1905 by issuing a notice under Section 7 of Act III of 1905 to evict the objectionable encroachment in the Government land classified as local fund road. 5 6. It can be seen that pursuant to the representations submitted by the petitioner, the respondent authorities, after conducting an enquiry have found that the unofficial respondents have encroached Acs.0.03 cents out of Acs.2.47 cents in R.S.No.811 of Perikegudem village and accordingly, a notice dated 15.09.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (Act No.III of 1905) was issued to the unofficial respondents. 7. As action has already been initiated against unofficial respondents, this Court, instead of keeping the writ petition pending, feels it appropriate to dispose of the writ petition by directing the respondents to initiate appropriate action in pursuance of the notice dated 15.09.2025 issued by the respondent authorities, within a period of six (6) months from the date of receipt of a copy of this order. 8. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :16.09.2025. Gss