h \ t I IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30963 OF 2024 Between: Mallampati Venkata Siva Rao, S/o. Nageswara Rao, aged about 64 years, R/o. D. No. 3-103-10, Appilakatia Village, Bapatia Mandal, Bapatia District, r\. I ...Petitioner AND 1. The State of AP, Rep. by its PrI. Secretary, Revenue Department Secretariat, Velagapudi, Amaravati. 2. The District Collector, Bapatia District, Bapatia. 3. The Tahsildar, Bapatia Mandal, Bapatia District. 4. The Panchayat Secretary, Appikatia Gram Panchayat, Bapatia Mandal Bapatia District. 5. Tanneeru Seetha Ramanjaneyulu, S/o. Venkata Ratnam, R/o Vadderapalem, Appilakatia Post Bapatia Mandal, Bapatia District. 6. Kunchala Rama Krishna, S/o. Sivaiah, R/o. Vadderapalem, Appilakatia Post, Bapatia Mandal, Bapatia District. 7. Tanneeru Veeranjaneyulu, S/o. Venkata Ratnam, R/o. Vadderapalem Appilakatia Post, Bapatia Mandal, Bapatia District. ...Respondents 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 to issue any writ, order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Official Respondent authorities in not taking any action by acting upon the Proceedings vide Rc.No.02/2024 dated 13.09.2024 to remove the encroachments of the r Unofficial Respondents No.5 to 7 situated in Z.P. Road in Sy.No.73 of Appilakatia Village, Bapatia Mandal, Bapatia District despite conducting survey on 13.09.2024 due to which the Petitioner is not able to enter into his agricultural property in an extent of Ac. 1.00 cents situated in Sy.Nos.73/1, 73/2 of Appilakatia Village, Bapatia Mandal, Bapatia District situated on the west side of Z.P. Road as illegal, arbitrary, unjust and violation of Articles 14, 19 and 300-A of the Constitution of India the Official Respondent authorities to take appropriate action by removing the encroachments of the Unofficial Respondents No.5 to 7 situated in Z.P. Road in Sy.No.73 of Appikatia Village, Bapatia Mandal despite conducting survey on 13.09.2024 so that the Petitioner into his agricultural property in an extent of Ac. 1.00 cents situated i Sy.Nos.73/1, 73/2 of Appilakatia Village, Bapatia Mandal which is situated on the west side of Z.P. Road Mandal, Bapatia District which is in and direct Bapatia District can enter in Bapatia District Appikatia Village, Bapatia lA NO: 1 OF 2024 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 pass an interim order by directing the Official Respondents upon the Proceedings vide Rc.No.02/2024 dated 13.09.2024 by considering the legal notice dated 16.10.2024 got issued by the Petitioner, until disposal of the Writ Petition to act Counsel for the Petitioner: SRI MALLAMPATI NARENDRA Counsel for the Respondents No.1 to 3: GP FOR REVENUE Snoo®!! Respondent No.4: SRI MATTEGUNTA SUDHIR (SC ZPPS, MPPS AND GRAM PANCHAYAT) Counsel for the Respondents No.5 - 7: None The Court made the following: Order BABU FOR \ THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 30963 of 2024 ORDER: The grievance of the petitioner in the Writ Petition is that the unofficial respondents have encroached the land and constructed small hut in the road margin situated in Z.P. Road in Sy.No.73 of Appikatia Village, Baptia Mandnal, and the petitioner has made several representations to the respondents to take appropriate action against the unofficial respondents. Despite that therd is no such action from the respondents, hence, the petitioner approached this Court on the ground that by virtue of illegal construction made by the unofficial respondents, the petitioner is preventing ingress and egress for his agricultural fields. th 2. The 4 respondent has furnished proceedings dated 31.12.2024, which was addressed by the Tahsildar (F.A.C.), Baptia Mandal, to the Government Pleader for Revenue, High Court of I 1 Andhra Pradesh as part of the record. As seen from the proceedings, dated 31.12.2024, the Pachayat Secretary, Appikatia has requested to conduct survey on 13.09.2024 in the presence of the Pachayat Secretary, petitioner and unofficial respondents: accordingly, a survey was conducted and found that the respondents 5 to 7 have encroached Z.P. Road margin in Sy.No.63. 3. i 2 The Panchayat Secretary has requested the respondents 5 to 7 to remove encroachments and the respondents agreed for the same and requested to grant six months time to remove the encroachments. The petitioner also agreed for the request of the respondents. The Panchayat Secretary and Village Surveyor have arranged a temporary way to go to the agricultural land of the petitioner and to do agricultural It is further asserted that there is no problem to the petitioner’s ingress and egress to his agricultural lands. operations. 4. Therefore, the Writ Petition is disposed of directing the respondents to take appropriate action as per the proceedings dated 31.12.2024 furnished before this Court through learned Government Pleader, in accordance with law. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in this Writ Petition, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER / State of Andhra Pradesh Department, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Bapatia District, Bapatla. 3. The Tahsildar, Bapatla Mandal, Bapatla District. Appilakatia Gram Mandal, Bapatla District. Revenue Panchayat, Bapatla 5. One CC to SRI MALLAMPATI NARENDRA BABU Advocate [OPUC] 6. One CC to SRI MATTEGUNTA SUDHIR GRAM PANCHAYAT, [OPUC] 7. Two CCs to GP FOR REVENUE, High Court of Andhra 8. Three CD Copies SC FOR ZPPS, MPPS Pradesh [OUT] gsg f HIGH COURT DATED: 20/01/2025 ORDER OF ANOhf^ WP.No.30963 of 2024 O 4JS 0 7 FEB 2025 73: m o Co Currsnl Section .^spatcva^-*^ V* DISPOSING THE WP WITHOUT COSTS