IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28027 OF 2023 Between: Ankamma Talli Salivahana Co-Operative Society Limited, Rep by its President Gummanidala Padma, W/o. Venkata Ramaiah, Aged 57 years, R/o. Zampani Village, Vemuru Mandal, Bapatia District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravagti, Guntur District. 2. The District Collector, Bapatia District at Bapatia. 3. The Panchayat Secretary, Zampani Gram Panchayat, Vemuru Mandal, Bapatia District. 4. The Tahsildar, Vemuru Mandal, Bapatia District. 5. Pothineni Lakshmi, W/o. P.Sambasiva Rao, Aged 47 years, R/o, D.No.1-115, Zampani Village, Vemuru Mandal, Bapatia District. 6. Makkenna Padam, W/o. Chennaiah, Aged 44 years, R/o. D.No.1-55/4 (1-9), Zampani Village, Vemuru Mandal, Bapatia District. 7. Devarakonda Bujji, W/o. Kotaiah, Aged 40 years, R/o. D.No. 1-6, Zampani Village, Vemuru Mandal, Bapatia District. 8. Emineni Venkata Subbamma, W/o. Sambaiah, R/o. Zampani Village, Vemuru Mandal, Bapatia District. 9. Kethavath Siva Bhai, W/o. Mohan Naik, R/o. Zampani Village, Vemuru Mandal, Bapatia District. r 10. Mudraboyina Venkata Ramana, W/o. Sagar Raju, R/o. Zampani Village, Vemuru Mandal, Bapatia District. ll.Vaka Dhana Lakshmi, W/o. Rama Krishna, R/o. Zampani Village, Vemuru Mandal, Bapatia District. I ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 declaring inaction on the part of respondents 1 to 4 in taking effective steps to remove the encroachments of Respondents 5 to 11 over the Kummarikunta Land admeasuring in an extent of Ac. 0.59 Cents covered by Sy. No- 327-A1 and 327-A3 of Zampani Revenue Village, Vemuru Mandal, Bapatia District identified by the Mandal Surveyor vide his survey report dated 09.02.2023 and not incompliance of the directions of this Hon'ble Court vide orders dt. 04.04.2023 in W.P. No. 8343 of 2023 as illegal, irregular, irrational, amounts non discharge of statutory obligation conferred on them under the provisions of Andhra Pradesh Land Encroachment Act, 1905 and Section 53 and 98 of Panchayat Raj Act, 1994 and offends articles 14 and 21 of Constitution of India and consequently direct the respondents 1 to 4 to remove the said encroachments of respondents 5 to 11 in the said land. " lA NO: 1 OF 2023 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 to 4 to initiate necessary action for removal of encroachments of respondents 5 to 11 on the Kummarikunta Land admeasuring in an extent of Ac. 0.59 Cents covered by Sy. No. 327-A1 and 327-A3 of Zampani Revenue Village, Vemuru Mandal, Bapatia District, as identified in the Survey conducted by Mandal Surveyor vide his Survey Report dt. 09.02.2023, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SIVA SANKARA RAO BORRA Counsel for the Respondent No.1GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 2 & 4: GP FOR REVENUE Counsel for the Respondent No.3: SRI M SUDHIR (SC FOR ZPPS, MPPS & GRAM PANCHAYAT) Counsel for the Respondent Nos. 5 to 7: SRI A V V S N MURTHY Counsel for the Respondent Nos. 8 to 11: —- The Court made the following: ORDER APHC010537182023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28027/2023 [3330] Between: Ankamma Talli Salivahana Co-operative Society Limited ...PETITIONER AND State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR PANCHAYAT RAJ RURAL DEV 3.AVVS N MURTHY 4.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps.M.P.Ps,Gram Panchayats ...RESPONDENT{S) 2 The Court made the following order:- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- “...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring inaction on the part of respondents 1 to 4 in taking effective steps to remove the encroachments of Respondents 5 to 11 over the Kummarikunta Land admeasuring in an extent of Ac.0.59 Cents covered by Sy.No; 327-A1 and 327-A3 of Zampani Revenue Village, Vemuru Mandal, Bapatia District, identified by the Mandal Surveyor vide his survey report dated 09.02.2023 and not incompliance of the directions of this Hon'ble Court vide orders dt.04.04.2023 in W.P.No.8343 of 2023 as illegal, irregular, irrational, amounts non discharge of statutory obligation conferred on them under the provisions of Andhra Pradesh Land Encroachment Act, 1905 and Section 53 and 98 of Panchayat Raj Act, 1994 and offends articles 14 and 21 of Constitution of India and consequently direct the respondents 1 to 4 to remove the said encroachments of respondents 5 to 11 in the said land and pass such other order or orders...” Heard learned counsel for the petitioner and learned counsel for the respondents. 2. 2. ] The present writ petition is filed challenging the action of respondent Nos.1 to 4 in not taking steps to remove the encroachments of respondent Nos.5 to 11 over the Kummarikunta land admeasuring in an extent of Ac.0.59 cents covered by Sy.Nos.327-A1 and 327-A3 of Zampani Revenue Village, Vemuru Mandal, Bapatia District and not complying with the orders passed by this Court in W.P.No.8343 of 2023 dated 04.04.2023. 3. I 1 4. After arguing for sometime, learned counsel for the petitioner submits that it would suffice to direct the respondents to dispose of the representation filed by the petitioner on 29.08.2023. S3f 3 Till today, the answering respondent i.e., the 3"'^ respondent has not filed counter. 5. 6. The learned counsel appearing on behalf of respondent Nos.5 to 11 submits that as per the orders of this Court passed in W.P.No.8343 of 2023 dated 04.04.2023, the encroachers were evicted from the subject property. Hence, nothing survives in the present writ petition. Acceding to the request made by the learned counsel for the petitioner, the present Writ Petition is disposed of, directing the 3'^'^ and 4*^ respondents to examine the representation dated 29.08.2023. If the said representation is not available, the concerned respondents are directed to call for representation from the petitioner. On filing such representation, the respondents are directed to consider the same and pass appropriate orders, in accordance with law, within a period of six (06) weeks from today and communicate the said decision to the petitioner. There shall be no order as to costs. 7. As a sequel thereto, miscellaneous Petitions pending, if any shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SE N OFFICER To. 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravagti, Guntur District. 2. The District Collector, Bapatia District at Bapatla. 3. The Panchayat Secretary, Zampani Gram Panchayat, Vemuru Mandal, Bapatla District. 4. The Tahsildar, Vemuru Mandal, Bapatla District. 5. One CC to Sri Siva Sankara Rao Borra Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri A VV S N Murthy, Advocate [OPUC] 9. One CC to Sri M Sudhir (SC for ZPPs, MPPs & Gram Panchayat), Advocate [OPUC] 10. Three CD Copies TF V. 1 V HIGH COURT DATED:29/01/2025 ORDER WP.No.28027 of 2023 5 1 2 FEB 2C25 | ^ Current SacUon . ^Si2£S'*ATCHe2J3^ DISPOSING OF THE W.P., WITHOUT COSTS