APHC010260872015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NOS: 12802 OF 2015 AND 36324 OF 2013 WRIT PETITION NO: 12802 OF 2015 Between: G. Noor Mohammad, S/o G.Jahnagir, Aged about 35 years, Door No.1- 2854, Eddulapalli Road, Pamidi, Anantapur. ...Petitioner AND 1. The State of Andhra Pradesh Rep by it’s Principal, Secretary, Department of Municipal Administration, Secretariat, Hyderabad. Pamidi Nagar Panchayath, Represented by its Commissioner Pamidi Municipality, Pamidi Nagar Panchayath, Anantapur District. The District collector Anantapur District, The Mandal Revenue Officer, Pamidi Mandal, Anantapur District. H Ramana Rao, S/o Burmaji Rao, Occ: Business, R/o 2-129, Pamidi Town, Anantapur District. 2. 3. 4. 5. ...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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the inaction on the part of the Respondents Nos. % 2 to 4 not to take any action unauthorized construction made by the respondent No.5 encroaching the water channel situated in Sy.No.817-A and 817-B of Pamidi town, Anantapur District is as illegal, arbitrary and Law of Encroachment as confined under Act, 1905 consequently direct the respondents to stop the illegal construction and to demolish if any construction made encroaching the water Channel land in the above said survey number. and unconstitutional lA NO: 1 OF 2015fWPMP 16845 OF 2015 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 direct the Respondents Nos.2 to 4 to restrain the construction made by the respondent No. 5 encroaching the water channel land situated in Sy.No.817-A and 817-B of Pamidi town, Anantapur District pending disposal of writ petition. Counsel for the Petitioner: SRI INENI VENKATA PRASAD Counsel for the Respondent No. 1; GP FOR MUNCIPAL ADMN AND URBAN DEV(AP) Counsel for the Respondent No. 2: SRI M SUDHIR SC FOR ZPP, MPP AND GP Counsel for the Respondent No. 3 and 4: GP FOR REVENUE APHC010767142013 V WRIT PETITION NO: 36324 OF 2013 Between: G.Jahangir S/o Sarvar Sab, Muslim, Age: 56, Occ; cultivation, R/o Pamidi Town, Pamidi (M), Anantapur District. ...Petitioner AND 1. The Government of Andhra Pradesh, Rep by It's Principal Secretary, Department of Municipal Administration, Secretariat, Hyderabad 2. The Commissioner, Pamidi Municipality, Pamidi Nagar Panchayath, Anantapur District. 3. The District Collector, Anantapur, Anantapur District. 4. The Mandal Revenue Officer, Pamidi Mandal, Anantapur District. 5. H Ramana Rao s/o Barmaji Rao, Occ; Business Town, Anantapur District. R/o 2-129, Pamidi ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the inaction of Respondents 2 restraining the 5th Respondent from encroaching in to water channel for using it as an ingress and egress from his open land situated in survey no.476-E of Pamidi Town of Anantapur District, as illegal, and arbitrary and consequently direct the Respondents to remove encroachments channel situated in survey no.478 A and 478 D of Pamidi Town, by the Respondent no.5. to 4 in not made in to the water LA NO: 1 OF 2013(WPMP 45162 OF 2013 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 direct the Respondents to restrain Respondent no.5 from encroaching in to the water channel situated in Anantapur District. Counsel for the Petitioner: N CHANDRA SEKHAR REDDY Counsel for the Respondent No. 1:GP FOR MUNCIPAL ADMN URBAN DEV survey no.478 A and 478 D of Pamidi Town, AND Counsel for the Respondent No. 2: SRI G LAKSHMANA RAO SC FOR MUNICIPALITY Counsel for the Respondent Nos. 3 and 4: GP FOR REVENUE The Court made the following Common order: I APHC010280872015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12802 OF 2015 Between: G. Noor Mohammad ...PETITIONER AND The State Of Andhra Pradesh Rep By It S Principal and ...RESPONDENT(S) Others Counsel for the Petitioner: 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3.MD SALEEM WRIT PETITION NO: 36324 OF 2013 Between: G.Jahangir S/o Sarvar Sab ...PETITIONER AND ...RESPONDENT(S) The Government Of Andhra Pradesh and Others Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S); MD SALEEM (SC MC RSEEMA SPSR NLR) 1. 2.DEEPAK MISRA FOR MUNCIPAL ADMN AND URBAN DEV 3.GP The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12802 OF 2015 AND WRIT PETITION NO: 36324 OF 2013 COMMON ORDER:- The Writ Petition No. 12802 of 2015 is filed questioning the inaction of the Respondents 2 to 4 not to take any action with regard to unauthorized construction made by the Respondent No.5 encroaching the water channel situated in Sy.No. 817-A and 817-B of Pamidi Town, Ananthapur District as illegal and arbitrary. The Writ Petition No. 36324 of 2013 is filed questioning the in action of the Respondents 2 to 4 in not restraining the Respondent No.5 from encroaching into water channel for using it as an ingress and egress from his open land situated in Sy.No.476-E of Pamidi Town, Ananthapur District as illegal and arbitrary. 2. These Writ Petitions arise out of the same issue and therefore are being disposed of by a Common Order. 3. Heard learned counsel for the Petitioners and learned Standing Counsel for the Respondents. 4. Learned counsel for the Petitioners would submit that they are the residents of Pamidi Town and eking out their livelihood by cultivating the agricultural lands. It is further contended that the Respondent No.5 is having land to an extent of Ac. 2.50 cents in Sy.No.478-A and 478-D and constructed a house and shop therein by encroaching water canal, which is adjacent to the western side of Government land. Therefore, the Petitioners made a representation to the Respondent Authorities for taking action, but no steps had been taken. Hence, W.P.No.12802 of 2015 came to be filed. 5. This Court on 12.12.2013 after hearing learned counsel for the Petitioner passed interim direction in W.P.M.P.No.45162 of 2013 in W.P.No.36324 of 2013, directing the Respondent No.3 would ensure that the Respondent No.4 Mandal Revenue Officer, Pamidi Mandai and the Commissioner, Pamidi Municipality to undertake inspection of the site and take necessary steps to prevent any encroachment from taking place. 6. As no orders were passed, W.P.No.12802 of 2015 was filed by another resident of the village. Though, notices were served on Respondent No.5, but none entered into appearance on his behalf and no counter-affidavit has been filed or no instructions given, even after elapse of 10 years. 7. In that view, this Court is inclined to dispose of the Writ Petitions with the following directions: i) The Respondent No.4 i.e Tahsildar (Mandal Revenue Officer), Pamidi Mandal shall apprise the Commissioner, Pamidi Nagar Panchayat, as well as the District Collector, Ananthapur and shall submit a report to the Respondents 2 and 3 after inspection regarding the alleged encroachments on the government canal by Respondent No.5 within a period of six (06) weeks from today. ii) In the event, encroachment by Respondent No.5 is apparent, the Respondent Authorities shall take appropriate action as expeditiously as possible in accordance with law. 8. With the above directions, the Writ Petitions are disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- u. SRIDEV! assistant REGISJRAR SECTION OFFICER //TRUE COPY// » t ' To, Department of Municipal Administration, State 1. The Principal, Secretary, of Andhra Pradesh, 2. The Commissioner Secretariat, Velagapudi, Amaravathi. Pamidi Nagar Panchayath Pamidi Municipality Anantapur District. 3 The District collector Anantapur District, Pamidi Mandal, Anantapur District. 4. The Mandal Revenue Officer 5. One CC to Sri. Ineni Venkata Prasad Advocate lOPUC] 6. One CC to Sri. Md Saleem Advocate [OPUC] Sudhir SC for ZPP, MPP and GP [OPUC] Chandra Sekhar Reddy Advocate [OPUC] 7. One CC to Sri. M 8. One CC to Sri. N 9. One CC to Sri. Deepak Misra Advocate [OPUC] High Court of Andhra Pradesh Two CCS to GP for Revenue, 10. [OUT] Municipal Admin and Urban Development, Two CCS to GP for High Court of Andhra Pradesh [OUT] 11. Three CD Copies 12. GSC HIGH COURT DATED:07/07/2025 ORDER WP NOS. 12802 OF 2015 AND 36324 OF 2013 X 2 3 JUl 20?5 ^ Current Section ov # o DISPOSING THE WPS WITHOUT COSTS