APHC010495392015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 9255 OF 2015 Between: Koduru Sesha Reddy ( Died) S/o Koduru Papi Reddy and Others ...PETITIONER(S) AND State Of Andhra Pradesh Revenue Department and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. O M R LAW FIRM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. CHETLURU SREENIVAS 2 The Court made the following: ORDER: The present Writ Petition is filed seeking to declare the action of the respondents 2 to 4 in not removing the encroachments in Sy.No.244/A, admeasuring an extent of Ac.0-10 cents of Degapudi Village, Podalakuru Mandal, SPSR Nellore District, as illegal, arbitrary etc., and for consequential directions. 2) Mr. Devi Prasanna Kumar, learned counsel for the petitioners, states that during the pendency of the Writ Petition, the writ petitioner died and his Legal Representatives were brought on record as petitioner Nos.2 and 3. Be that as it may. 3) Learned counsel submits that the 1st petitioner is the absolute owner and possessor of land an extent of Ac.0-60 cents in Sy.No.242 and Ac.2-60 cents in Sy.No.243 of Degapudi village, Podalakur Mandal. He submits that there is a pathway of Ac.0-10 cents in Sy.No.244/A, which is Government land and the respondent Nos.5 and 6 have encroached the same and drawing water into their fields from Kandileru Vagu through pipeline by fixing electric motor. He submits that in those circumstances a representation has been made to the 2nd respondent–District Collector on 25.07.2005 and in view of the same, the Mandal Revenue Officer–4th respondent issued proceedings dated 06.09.2005 directing the Mandal Revenue Inspector and Mandal Surveyor, Podalakuru to enquire into the matter and submit a report with regard to the 3 provision of pathway of Ac.0-10 cents. He submits that subsequently the pathway is provided. But, however, the 5th and 6th respondents again occupied the same and not allowing the usage of the same. In the said circumstances, further representations were made but the same did not yield any positive response. He submits that under those circumstances, the petitioner is constrained to approach this Court. 4) The official as well as the unofficial respondents have not filed any counters. However, Mr. Siva Prasad, learned Assistant Government Pleader for Revenue made submissions with reference to the instructions dated 23.07.2024 furnished by the 4th respondent. As seen from the said instructions, it would appear that though the land in Sy.No.244/A is classified as „vagu poramboke‟, there is no vagu on ground; that respondent Nos.5, 6 and four others have encroached the vague poramboke land in the said survey number and raised some acid lemon trees long back. In the said instructions, it is also stated that the writ petitioner himself encroached an extent of Ac.0-01 cents in Sy.No.327 of Degapudi village, which is classified as Kandaleru River Poramboke and dug a bore well for supply of water to his paddy land. Except that nothing is stated with regard to the complaint / representation made by the petitioner for removal of encroachments. At this juncture, it may be appropriate to mention that in W.P.(PIL) No.140 of 2022 a Hon‟ble Division Bench issued certain directions dated 14.09.2022 with regard to encroachments of Gram Panchayats / Municipalities / Forest Department / Revenue Department Lands and the same reads as follows: 4 “(i) The executive authority, i.e., Panchayat Secretary, of the respective Gram Panchayats in the State shall identify the Gram Panchayat lands, which are unauthorizedly occupied/encroached, and take steps for removal of such encroachments by issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers in terms of the procedure prescribed in Rules of 2011. This complete exercise shall be done within a period of six months from today. (ii) So far as the encroachments over the lands concerning the Municipalities/Forest Department/Revenue Department are concerned, even if no separate Rules have been framed prescribing the procedure to be followed in the matter of removal of encroachments over those lands, the officials of the concerned Departments, i.e., the Departments of Municipal Administration, Forest and Revenue, shall also undertake and complete the exercise of identification of unauthorized occupations/encroachments over the lands belonging to their respective Departments, within a period of two months from today, and thereafter, take steps for removal of such encroachments by following the principles of natural justice, i.e., issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers, within a further period of four months.” 4) In the present case, the allegation is that the pathway was encroached by the 5th and 6th respondents and no action is being taken. No reasons are forthcoming in this regard. Be that as it may. As the above directions are binding on the officials, including the Gram Panchayat, this Court is inclined to dispose of the Writ Petition, providing that appropriate action in respect of the encroachment of the land in question / pathway shall be initiated by the concerned authorities, as expeditiously as possible within a period of four (04) weeks from today. It is needless to observe that before initiating any coercive action, the 5th and 6th respondents shall be afforded an opportunity for making their representation. It is also made clear that in the event the petitioners are 5 found to be in encroachment of Government / Panchayat lands, the concerned authorities are at liberty to initiate action against them, in accordance with law. 5) With the above observation, the Writ Petition is disposed of. No costs. 6) Consequently, the Miscellaneous Applications pending, if any, shall stand closed. _____________________ NINALA JAYASURYA, J Date:17.02.2025 Ssv 6 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 9255 OF 2015 Date:17.02.2025 Ssv