APHC010221802023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11668/2023 Between: 1. CHAKALI SURESH, S/O CINNA VENKATESH, AGED ABOUT 31 YEARS, HINDU, R/O D.NO.1-603, A.S.R. NAGAR, A. NARAYANAPURAM VILLAGE, ANANTHAPURAMU RURAL MANDAL, ANANTHAPURAMU DISTRICT-515004. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, A.P. AT SECRETARIATBUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PANCHAYAT WING, ANANTHAPURAM DISTRICT, 3. THE DISTRICT PANCHAYAT OFFICER, ANANTHAPURAM, ANANTHAPURAM DISTRICT. 4. THE PANCHAYAT SECRETARY, A. NARAYANAPURAM GRAM PANCHAYAT ANANTHAPURAMU RURAL MANDAL, ANANTHAPURAMU DISTRICT. 2 5. THE VICECHAIRMAN, ANANTHAPUR ANDHINDUPUR URBAN DEVELOPMENT BOARD, REP BY ITS SECRETARY, ANANTHAPURAMU DISTRICT. 6. SRI CHINNA VENKATESH, S/O KUDETI CHAKALI SUBBARAYUDU, AGED ABOUT 48 YEARS, HINDU, R/O D.NO.1 71, NARAYANAPURAM VILLAGE, ANANTHAPURAMU MANDAL, ANANTHAPURAMU DISTRICT. 7. SMT CHAKALI LAKSHMI KANTHAMMA, W/O KUDETI CHAKALI CHINNA VENKATESH, AGED ABOUT 41 YEARS, HINDU, R/O D.NO.1-71, NARAYANAPURAM VILLAGE, ANANTHAPURAMU MANDAL, ANANTHAPURAMU 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 a direction, an order, or a writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 2 to 5 in taking necessary action against un authorized lay out laid by the Respondent No 6 and 7 in Agriculture Land admeasuring an extent of Ac. 16.62 in Sy No. 109, for extent Ac. 15.70 in Sy No. 110 and for extent Ac. 25.14 in Sy No. 109 situated in Ananthapuramu rural, within the limits of A.Narayanapuram Village polam, Ananthapuramu district,as illegal and arbitrary and consequently direct the Respondents 2 to 5 to take necessary steps on the unauthorized layout laid by the Respondent No 6 and 7 in Agriculture Land admeasuring an extent of Ac. 16.62 in Sy No. 109, for extent Ac. 15.70 in Sy No. 110 and for extent Ac. 25.14 in Sy No. 109 situated in Ananthapuramu rural, within the limits of A.Narayanapuram Village polam, Ananthapuramu district and to pass IA NO: 1 OF 2023 3 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 respondent No. 2, 4 and 5 to consider representation of the petitioner dated 13-02-2023, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. NAGABHUSHANAM GUDIPATI Counsel for the Respondent(S): 1. HARISH KUMAR RASINENI 2. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORDER: To declare the inaction of respondent Nos.2 to 5 in taking necessary steps against the unauthorized layout being formed by the unofficial respondent Nos.6 & 7 on the agricultural lands to an extent of Ac.16.62 cents & Ac.25.14 cents in Sy.No.109 and Ac.15.70 in Sy.No.110, situated at Ananthapuramu Rural, within the limits of A. Narayanapuram Village Polam, Ananthapuram District, without following due process of law, as illegal and arbitrary, the present writ petition is filed. 2 No representation for the petitioner. Heard Sri M. Sudheer, learned Standing Counsel for the Gram Panchayat, Sri Harish 4 Kumar Rasineni, learned counsel for unofficial respondent Nos.6 & 7 and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned Standing Counsel, on instructions, submitted that without obtaining requisite permission from the authority concerned, unofficial respondent Nos.6 & 7, had formed a layout in the subject property by erecting stones. However, after issuance of notice, the encroachments (stones) on the subject land have been removed. In view of the same, there remains nothing for adjudication in the writ petition and hence prayed to close the same. The said written instructions are placed on record. 4. A perusal of the written instructions dated 04.11.2023 would indicate that without obtaining any permission from the authority concerned, unofficial respondent Nos.6 & 7 had illegally formed a layout on the subject agricultural lands and that the Gram Panchayat concerned, while following due process of law, issued a notice and thereby removed encroachments on the subject lands. 5 5. Taking the submissions and written instructions into consideration, as the authorities have already removed the encroachments on the subject land in accordance with law, there is nothing for adjudication in the present writ petition and is liable to be closed. 6. Accordingly, the Writ Petition is closed. No order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.12.2025 ANS 6 380 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11668/2023 Date: 03.12.2025 ANS