APHC010700402022 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI I (Special Original Jurisdiction) I Mi MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 41591 OF 2022 Between: 1. BarmaMangatayaru, W/o: Bala Krish Hindu, Aged 52years, Daily labour, D. No: 20/86-5A,cheruvugattu road, Bethavolu, Gudivada, Krishna Dist, 521301 2. BezawadaDurga W/o: SeethaRamayya Hindu, Aged 73 years. Daily Labour, D.No: 20/86-4,cheruvugattu road, Bethavolu, Gudivada, Krishna Dist.,521301 3. ShaikNagoorBee, W/o: Moulali, Muslim, Aged 60 years. Daily Labour, D. No: 20/86-13, Cheruvugattu road, Bethavolu, Gudivada, Krishna Dist.,,521301 4. KonduruPushpavathi, W/o: NarasimhaRao, Hindu, Aged 74years, Kirana buddy, D. No: 20/86-7, cheruvugattu road, Bethavolu, Gudivada, Krishna Dist.,,521301 5. Barma Rani, W/o: Punnayya, Hindu, Aged 59 years, Cooli, 20/86-5, cheruvugattu road, Bethavolu, Gudivada, KrishnaDist, 521301 na. I ■s','.' 6. PamidimukkalaDhana Lakshmi, W/o: PamidimukkalaSrinivasaRao, Hindu, Aged 47 years, Daily labour, D. No: 20/86-31, CheruvuGattu Road, Bethavolu, Gudivada, Krishna (D.T) 521301 7. DhampanaboinaNagamani, W/o: Anjaneyulu, Hindu,Aged 55 years. Daily labour, D. No:20/86-21, cheruvugattu road, Bethavolu, Gudivada, Krishna,521301. 8. KunapareddyGeetha Devi, W/o: Nageswar, Hindu, Aged 54 years. Daily laboour, D. No: 20/86-19,cheruvugattu road, Bethavolu, Gudivada, Krishna, 521301 9. MungalaSeetharavamma, W/o: MunagalaChennaKesavarao, Hindu, Aged 53 years. Daily labour, D. No: 20/86-27, Cheeruvugattu road, Bethavolu,Gudivada, Krishna (D.T), 521301 10. ArepalliNagarjuS/o: (Late) Ragu Ramayya, Hindu, Aged 41 years. Agriculture Labour, D. No : 19/38-2,cheruvugattu road,Bethavolu Gudivada, Krishna,521301 KabothuulaVenkataSatyanarayanaS/o: (Late) Gandhi Hindu, Aged 77 years. Pastor, D. No :20/86-30/2, Cheruvugattu road, Bethavolu, Gudivada, Krishna (D.T), 521301 12. GullipalliEswaramma, W/o: SrinivasaRao, Hindu, Aged 57 years. Daily Labour, D. No: 20-86-21-1, High school road, Bethavolu, Gudivada, Krishna 521301 f 11. r 13. ArepalliMalleswari, W/o (late) NarasimhaRao, Hindu, Aged 41 years, Agriculture labour, D. No 20/86-26, Cheeruvugattu road, Bethavolu, Gudivada, Krishna (D.T), 521301 14. ShaikPyarijan,W/o ShaikBasha, Muslim, Aged 58 years. Daily Labour, D. No: 20/86-18, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 15. RagiSatyavani, W/o: HanumanthaRao, Hindu, Aged 53 years. Private Teacher, D. No: 20/86-8-1, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 16. PitaniNukkalamma, W/o: (late) Veeraswami, Hindu, Aged 68 years. Daily Labour, 20/86-7/l,cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 17. BarmaVijaya Lakshmi W/o: Seetharamayya, Hindu, Aged 53years ,DailyLabour, D. No:20/86-5-A, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 18. Bezawada Baby Sarojini, W/o: (late) SeethaRamaiah Hindu, Aged 68 years. Daily Labour, D. No: 20/172, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 19. SontiAnjamma , W/o: Krishna Rao, Hindu, Aged 43 years. Daily Labour, D. No: 20-171, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 20. PulicharlaAnitha, W/o: Mahesh, Hindu, Aged25 years. Daily Labour, D. No: 20-171, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 p i 21. Gaddam Chandra SekharRao, S/o: Kumara Swami, Hindu, Aged 53 years, Tiffin business, D. No:19/127-l, cheruvugattu road, Bethavolu, Gudivada Krishna, 521301 22. MuttireddySrinivasaRao, S/o: Satyanarayana, Hindu, Aged 43 years. Tiffin business, D. No: 19/127-L-l, Bethavolu, Cheruvugattu Road, Gudivada Krishna (D.T) 521301 23. PettaniBharathi, W/o: Ramu Hindu, Aged 43 years. Daily Labour, D. No: 20/86-7/l,cheruvugattu road, Bethavolu, Gudivada,Krishana,521301 24. Ramisetti Devi, W/o: Suresh, Hindu, Aged 48years , Daily Labour, D. No: 20/174,cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 25. Vuchula Rajesh, S/o:Francis Christain, Aged33 Years, Business, D. No: 20/86-8/2, cheruvugattu road, Bethavolu,Gudivada, Krishana,521301 26. Veeralapalli Krishna, S/o: Guru Murthi, Hindu, Aged 34 years. Daily Labour, D. No:20/229, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 27. DomarouthuTataRao, S/o: Apparao, Hindu, Aged 53 years. Daily Labour, D. No: 19-127-H2, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 28. ShahidaBegam, W/o: ShabuddinBaig, Muslim,Aged 55 years. Daily Labour, 20/186,cheruvugattu road, Bethavolu, Gudivada,Krishana,521301 A' 29. ViswanadhulaSuryavathi, W/o: Raju, Hindu,Aged 47 Years, Daily Labor, D. No: 19/131-B, Cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 30. GaragaparthiVenkata Lakshmi, W/o: Shankar Rao, Hindu, Aged 50 years. Daily Labour, D. No: 20/190, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 31. AmudalaVeeraRaghavulu S/o: PrakashRao, Hindu, Aged 59 years. Daily Labour, D. No: 20/190, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 32. Nandeepu Naga Lakshmi, W/o: VeeraVenkat Siva, Hindu, Aged 45 years,Daily Labour, D. No: 20-68, cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 33. VeerankiSeetharamaiah, S/o: NarasimhaRao, Hindu, Aged 46years,Daily labour, D. No :19/127, cheruvugattu road, Bethavolu, Gudivada, Krishna, 521301 34. SunkaraVasavi W/o. Siva Naga Rohini Kumar, Hindu, aged 25 years, D. No: 19/127-g, Cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 35. MacharallaPrasad S/o: Srinivas, Hindu, Aged46 years. Daily Labour, D. Nol9/38-2, Cheruvugattu road, Bethavolu, Gudivada, Krishna (D.T), 521301 a* % 36. VeerankiNancharamma, W/o; SrinivaS; Hindu, Aged 46 Years, Daily Labour, 20/89-5,cheruvugattu road, Bethavolu, Gudivada, Krishana,521301 37. Nallaboyina Krishna Kumari W/o: Subbarao Hindu, Aged 50 years. Daily Labour, D. No: 20/86-5, cheruvugattu road, Bethavolu, Gudivada, Krishana, 521301 ... Petitioners And 1. The Lokayuktaof Andhra Pradesh D.No.96-3-72-124-1, Santosh Nagar, Kurnool-518001 2. The District Collector Krishna District, Machilipatnam 3. The Gudivada Municipality Rep by its Commissioner Gudivada, Krishna 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 Certiorari calling for records from the 1®* Respondent pertaining to complaint 1224/2017/B1 and consequently set aside the orders dated 2.09.2022 in 1224/2017/B1/Lok/8857/2022 and order dated 02.11.2022 passed by the 1st Respondent and consequently set aside the notice dated 08.12.2022 in R.O.C.No.0522/2020/G3 issued by the Respondent issued in pursuance of the report sought by the 1st Respondent, as illegal, arbitrary and that the same are in violation of Articles 14 and 300-A of Constitution of India and direct the respondents 2 and 3 to not to evict the petitioners from their residences situated on the Voora Cheruvu' tank bund, in R.S.No.141 of Bethavolu, Gudivada Muncipality, Krishna District. \A NO: 2 OF 2022 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 direction directing the respondents authorities 2 & 3 to stay all further proceedings in pursuance of the show cause notice dated 08.12.2022 R.O.C.NO.0522/2022/G3 and to not to evict the petitioners from their residences situated on the 'Voora Cheruvu' tank bund in R.S.No.141 of of Bethavolu, Gudivada Muncipality, Krishna District., till the disposal of the Writ petition. in lA NO: 3 OF 2022 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 respondent to not to evict the pass an interim direction directing the 3' petitioners from their residences situated on the 'VooraCheruvu' tank bund in R.S.No.141 of Bethavolu, Gudivada Muncipality, Krishna District., till the disposal of the Writ petition. Counsel for the Petitioners: SRI D. BUTCHI BABU Counsel for the Respondent No.1:--- Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3:SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES t The Court made the following order: Bench Sr.No;-20 [3483] THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WRIT PETITION NO: 41591 of 2022 APHC010700402022 IN ...Petitioners Barma Mangatayaru and others Vs. ...Respondents The Lokayukta of Andhra Pradesh and others ********** Sri D. Butchi Babu Advocate for Petitioners Advocate for Respondents Vallabhaneni Sireesha Rani, Standing Smt learned Gudivada Municipality. Counsel for :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 18th August 2025 CORAM DATE PC: been filed challenging the order dated The present Writ Petition has 02.11.2022 passed by the submit action taken report regarding the steps encroachments to an extent of Ac. 11-99 cents in Village, Gudivada, which is classified as Lokayukta whereby directions have been issued to taken to evict the R.S.No.141 of Bethavolu Vura Cheruvu” as per revenue records. The case of the petitioners herein is that they have been in possession tank bund, whereupon dwelling petitioners and similarly situated others. It issued without affording to the 2. of the land in question, which is admittedly a units have been constructed by the is stated that the directions have been petitioners an opportunity of being heard. It is also stated that the petitioners have been issued D-form pattas in regard to the land in question and therefore, issuing directions for eviction is without any justification and is legally unsustainable. The order impugned clearly has the effect of evicting the petitioners from the dwelling houses without affording the petitioners an opportunity of being heard. It appears from the record that the Gudivada Municipality under which the land in question falls had issued show cause notice to the petitioners with regard to their removal from the encroached sites as also with a proposal to provide alternate houses constructed by Andhra Pradesh Township and Infrastructure Development Corporation (A.P.T.I.D.C.O.) in Malayapalem Village or in the alternative, there was a proposal to offer Ac.0-01 cent of land. It was also made clear in the show cause notice dated 08.12.2022 that in case consent was not given, it would be presumed that they have opposed the proposal in which case, the petitioners were required to show cause as to why their encroachments shall not be removed within a period of five days from the date of receipt of the notice. 3. 4. It appears that the petitioners did respond to the show cause notice and did not accept the proposal to vacate the site in question and move to the house or land which was reflected in the notice dated 08.12.2022. We are also informed that no further final action has been taken or order passed by the municipal authorities. The case of the petitioners is that no such direction could have been issued by the Lokayukta. Learned counsel for the petitioners has drawn our attention to Section 12 of the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983 to buttress his submission that the power of the Lokayukta is restricted to making recommendations based upon documents or evidence which is collected by the said authority pursuant to the complaint which is filed before it. 5. 6. On a perusal of the order impugned, it can be seen that what was directed by the Lokayukta was only a direction to the District Collector, Krishna District to submit the action taken report which direction was based the report which had been received from the District Collector stating that land to an extent of Ac. 11-99 cents had been encroached upon and on which the dwelling units have been constructed. upon Seeking an action taken report does not in any manner violate the provisions of the Lokayukta Act inasmuch as the same does not amount to giving directions regarding the eviction of the encroachers. As is seen from the order impugned, there is no positive specific direction given to the District Collector to evict the encroachers i.e., the petitioners among others herein from the land in question. 7. Be that as it may, we do not find any merit in the present writ petition, accordingly, dismissed. We, however, leave it open to the Lokayukta to pass appropriate orders in accordance with law and the provisions of the Lokayukta Act. No order as to costs. 8. which is 'i 4 Miscellaneous Petitions pending, if any, shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri D. Butchi Babu, Advocate [OPUC] CC to Smt. Sireesha Rani Vallabhaneni Municipalities[OPUC] 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 4. Two CD Copies. SC for 2. One ssb m 0: 'W HIGH COURT DATED:18/08/2025 ORDER WP No. 41591 OF 2022 #SfANOg? ^ 0 1 SEP 2025 )g VxicsSSjSia^ DISMISSING THE W.P. WITHOUT COSTS