APHC010074902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4152/2025 Between: 1. REDDI SRINU,, S/O. REDDI DEMUDU, AGED 35 YEARS, R/O. 1-91, NUNNAPARTHI, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, ANAKAPALLI DISTRICT. 3. MANDAL PRAJA PARSHAD DEVELOPMET OFFICER, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT. 4. NUNAPARTHI GRAM PANCHAYAT, REP.BY ITS EXECUTIVE OFFICER, NUNNAPARTHI, ANAKAPALLI DISTRICT. 5. STATION HOUSE OFFICER, ATCHUTHAPURAM P.S., 2 ATCHUTHAPURAM, ANAKAPALLI DISTRICT. 6. SMT CHUKKA ANURADHA, W/O. LATE JOGINAIDU, AGED 48 YEARS, OCC. SARPANCH, NUNNAPARTHI GRAM PANCHAYAT, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT. 7. V SURIBABU, S/O. LATE MUTYALAYA, AGED 67 YEARS, OCC. AGRICULTURE, R/O. VENNALAPALEM VILLAGE, PAARWADA MANDAL, ANAKAPALLI DISTRICT. 8. V NARSINGHARAO, S/O. LATE MUTYALAYA, AGED 65 YEARS, OCC. AGRICULTURE, R/O. VENNALAPALEM VILLAGE, PAARWADA MANDAL, ANAKAPALLI DISTRICT ...RESPONDENT(S): 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 topleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in allowing the unauthorized constructions in the village communal site covered by gramakantam despite issuing notice dt. 13-12-24 as illegal arbitrary in violation of article 14 of constitution of India and to consequently direct respondents to remove the encroachments and protect the gramakantam land situated in AC.0.2 1/2 cents in Sy.No.93 Nunnaparthi village, Atchuthapuram Mandal, Anakapalli District and restore the same to the use of public and to pass IA NO: 1 OF 2025 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 pleased to direct the respondents to stop the unauthorised construction being made 3 by the respondents No. 6 to 8 in Ac.0.2 1/2 Cents in Sy.No.93 of Nunnaparthi village, Atchuthapuram Mandal, Anakapalli District, pending disposal of the writ petition. Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. T M K CHAITANYA WRIT PETITION NO: 16493/2025 Between: 1. REDDY YERUKUNAIDU, S/O. MARUNAIDU, AGED 41 YEARS, R/O. H. NO. 1-11, NUNAPARTHI VILLAGE, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT PANCHAYAT OFFICER, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 4 4. THE NUNAPARTHI GRAM PANCHAYAT, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS PANCHAYAT SECRETARY. 5. P ASHOK, S/O. NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC-PANCHAYAT SECRETARY, NUNAPARTHI GRAM PANCHAYAT, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. THE TAHS 6. THE TAHSILDAR, ATCHUTHAPURAM MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 7. THE SHO, ATCHUTHAPURAM POLICE, STATION, ATCHUTHAPURAM, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 8. VENNELA SURI BABU, S/O. MUTHYALAIAH, AGED 67 VENNALAPALEM VILLAGE, PARAWADA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 9. V NARSINGHA RAO, S/O. LATE MUTHYALA, AGED 65 YEARS, R/O. VENNALAPALEM VILLAGE, PARAWADA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 10. THE DISTRICT COLLECTOR, ANAKAPALLE, VISAKHAPATNAM, ANDHRA PRADESH. R10 IS SUO-MOTO IMPLEADED AS PER THE COURT'S ORDER DT.04.07.2025. ...RESPONDENT(S): 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 topleased to issue a Writ or Order or Direction more particularly one in 5 the nature of Writ of Mandamus declaring the action of the respondents more particularly the respondent No. 3 and 4 herein in not protecting the lands of the Gram Panchayat i.e., the Nunaparthi Gram Panchayat in Survey Number 93 in an extent of Ac. 0.2 cents which was classified as Government land in-spite of repeated requests by the villagers and in allowing the 8th and the 9th respondents to construct an illegal construction, except issuing notices without taking any action as illegal, arbitrary and also oppose to G.O.Ms. No. 188 Panchyat Raj And Rural Development (Pts.lV)Department dated 21.07.2011 as well as the verdict of the Apex Court in Civil Appeal No. 1132 of 2011 dated 28.01.2011 consequentially direct the respondents i.e., the respondents 2 to 4 herein to take action against the encroachers i.e., the 8th and the 9th respondents herein by evicting him from the land in Survey Number 93 in an extent of Ac. 0.2 72 cents of Nunaparthi Village, Atchuthapuram Mandal, Anakapalli District as per the procedure established under law forthwith by directing the respondents 2 to 4 to stall the illegal construction and to pass IA NO: 1 OF 2025 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 may be pleased to direct the respondents i.e., the respondents 2 to 4 herein to take action against the encroachers i.e., the 8**^ and the respondents herein by evicting him from the land in Survey Number 93 in an extent of Ac. 0.2 72 cents of Nunaparthi Village, Atchuthapuram Mandal, Anakapalli District as per the procedure established under law forthwith by directing the respondents 2 to 4 to stall the illegal construction pending disposal of the above writ petition and to pass Counsel for the Petitioner: 6 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. T M K CHAITANYA The Court made the following COMMON ORDER: Since both the writ petitions arising out of the same relief, they are heard together and disposed of by way of this common order. 2. Declaring the action of the respondents in not protecting the Government land to an extent of Ac.0.2½ cents situated in Sy.No.93 of Nunnaparthi Village, Atchuthapuram Mandal, Anakapalli District and in allowing unauthorized construction by the unofficial respondents, except issuing notices without taking any action, as illegal and arbitrary, present writ petitions have been filed. 3. Heard Sri V. Sai Kumar, learned counsel for the petitioner in W.P.No.16493 of 2025, Sri V.V. Satish, learned counsel for the petitioner in W.P.No.4152 of 2025, Sri T.M.K. Chaitanya, learned counsel for the unofficial respondents, Sri Y. Koteswara 7 Rao, learned Standing Counsel for ZPP, MPP & Gram Panchayat, Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and learned Assistant Government Pleader for Revenue. 4. Learned counsel for the petitioners, while reiterating the contents of the affidavits, submitted that certain unauthorized construction being carried out by the unofficial respondents on the subject land, which is classified as village site. In spite of bringing it to the notice of the authorities concerned, no action has been taken so far. He further submitted that it would suffice for the time being if a direction is given to the authority concerned to act upon on the petitioner’s grievance and take steps against the unofficial respondents’ unauthorized construction being carried out in the village site in accordance with law. 4. On the other hand, Sri T.M.K. Chaitanya, learned counsel for the unofficial respondents, contended that pursuant to the direction of this Court, the District Collector concerned enquired into the matter and a report has been placed on record. Wherein, it is stated that the subject land has been sold by the 8 unofficial respondents due to financial difficulty to one Varri Manindra S/o. Perinaidu and now he is proceeding with the construction and when it was brought to his notice, he agreed that he would not proceed with the construction as per the direction of this Court. In view of the said fact, Varri Manindra is a proper and necessary party to the lis and the petitioner has to implead him. 5. On the other hand, learned Assistant Government Pleaders and the learned Standing Counsel, collectively submitted that if at all any construction is being carried out in the village site, they would take steps in accordance with law. 6. Perused the record and considered the rival submissions made by all the parties. 7. As this Court is not passing any orders adverse to the interest of one Varri Manindra there is no necessity to make him as a party respondent or to issue any notice inviting counter affidavit. 8. To put a quietus to the allegation and as the relief sought in the writ petition is innocuous, This Court is inclined to dispose of the writ petition by passing the following order: 9 “The respondent authorities are directed to take steps against the unauthorized construction, if any, found in the land to an extent of Ac.0.2½ cents situated in Sy.No.93 of Nunnaparthi Village, Atchuthapuram Mandal, Anakapalli District, in accordance with law by issuing proper notices to the concerned parties and inviting explanation and pass a reasoned order by providing an opportunity of personal hearing, within a period of three (03) months from the date of receipt of a copy of this order.” 9. Accordingly, the Writ Petitions are disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications pending, if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.11.2025 ANS 10 198 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOs: 4152 & 16493/2025 Date: 03.11.2025 ANS