Extracted from the PDF above. The PDF is authoritative.
APHC010123272024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 42042/2022 Between:
1. KOTTU RAMANJANEYULU, S/O NARASIMHA MURTY, AGE 58 YEARS, MALE, CULTIVATION, SARPANCH, PASALADEEVI, R/O.
D.NO. 1-156, PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 2. SRI LAKKU EDUKONDALU,, S/O. SATYANARAYANA, AGE 40 YEARS, MALE, CULTIVATION, R/O. D.NO.1-131, PASALADEEVI, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP.BY IT'S PRINCIPLE SECRETARY (REVENUE), SECRETARIAT AT VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARARN. 3. THE SUBCOLLECTOR, NARASAPURAM, WEST GODAVARI DISTRICT. 4. THE THASILDAR, NARASAPURAM MANDAL, NARASAPURAM, WEST GODAVARI 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
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pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondents to evict the encroachers from the grave yard Ac.2.27 cents and from the Ghayhallu land Ac. 4.87 cents covered under Sy No.13/1 of Pasaladeevi village of Lingaboina revenue village, Narasapuram Mandal, West Godavari District, further direct the respondents not to grant pattas if any to the encroachers, if so it amounts to illegal, Irregular, irrational, arbitrary, without any authority of law and colourable exercise of powers and contrary to the provisions of A.P. Board standing and A.P. Panchayati the Raj act,1994 and consequently direct the respondents to protect the grave yard Ac. 2.27 cents and Ghayhallu land Ac. 4.87 cents of Pasaladeevi village H/o Lingaboina Revenue village, Narasapuram Mandal, West Godavari District and to pass Prayer is amended as per the Order of the Court dated 23.12.2024 vide order passed in I.A.No.1 of 2024.
IA NO: 1 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 pleased to direct the Respondents not to allot/assign any part of the Hindu grave yard or burial ground /Smasanam to an extent of Ac.2.27 cents and Ghayhallu land to an extent of Ac.4.87 cents in Sy No 3/1 Pasaladeevi Village of Lingaboina charla revenue village of Narasapuram Mandal, West Godavari district to the encroachers or to any other purposes pending disposal of the above writ petition and to pass IA 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 pleased to the petitioners carrying out necessary amendments i.e. by mentioning correct Sy.no.13/1 in a) writ petition 2nd page 5th line in the place of Sy.no. 3/1, b) Anriexure-I at S.No. 3 in the line in the place Sy.no.3/1, c) at the 1st page of the direction petition in the prayer portion i.e. 4th line in the place Sy.no.3/1 and may please to receive fresh affidavit in the interests of Justice. IA NO: 1 OF 2024
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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 e prayed to this Hon‟ble Court to amend Paragraphs No.4, 5, 6 and the Main Prayer of the instant Writ Petition by amending the Survey Number of Pasaladeevi village H/o Lingaboina Revenue village, Narasapuram Mandal, West Godavari District as „„Sy.No.13/1” instead of „„Sy.No.3/1” and/or pass Counsel for the Petitioner(S):
1. Y MAHA LAKSHMI Counsel for the Respondent(S):
1. GP FOR REVENUE WRIT PETITION NO: 17690/2023 Between:
1. KOTTU VEERRAJU, S/O. SARRAYYA, AGED 75 ABOUT YEARS, R/O.D.NO.2-157,PASALADEEVI, NEAR MANCHINEELACHERUVU, LINGANABOINCHERLA, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534275. 2. LAKKU KRISHNA KUMARI,, D/O. ALLAMSATYANARAYANA, AGED 37 ABOUT YEARS, R/O.
D.NO. 1-131, PASALADEEVI, LINGANABOINCHERLA, WEST GODAVARI DISTRICT, ANDHRA PRADESH-534275. ...PETITIONER(S) AND
1.
THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM, ANDHRA PRADESH. 3. REVENUE DIVISIONAL OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH. -4- W.P. No.42042 of 2022 W.P. No.17690 of 2023 W.P. No.6707 of 2024 Date of order:10.12.2025
4. THE TAHSILDHAR, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 5. THE MANDAL PARISHAD OFFICER, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 6. THE GRAMPANCHAYAT OFFICER, LINGANABOINCHERLA, PASALADEEVI VILLAGE,
NARASAPURAM MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...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 toissue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondents to evict the encroachers from the grave yard Ac.2.27 cents and from the Ghayhallu land Ac. 4.87 cents covered under Sy No.13/1 of Pasaladeevi village of Lingaboina revenue village, Narasapuram Mandal, West Godavari District, further direct the respondents not to grant pattas if any to the encroachers, if so it amounts to. illegal, Irregular, irrational, arbitrary, without any authority of law and colourable exercise of powers and contrary to the provisions of A.P. Board standing and A.P. Panchayati the Raj act,1994 and consequently direct the respondents to protect the grave yard Ac. 2.27 cents and Ghayhallu land Ac. 4.87 cents of Pasaladeevi village H/o Lingaboina Revenue village, Narasapuram Mandal, West Godavari District and to pass Prayer is amended as per the Court's Order dt.23.12.2024 in I.A.No. 01 of 2024.
IA NO: 1 OF 2023 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 consider the representations dated 12.07.2023 and 14.07.2023 made to respondents No. 2 to 5 and consequently take appropriate action in accordance with the law pending disposal of the above writ petition and to pass IA 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
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to amend Paragraphs No.4, 5, 6 and the Main Prayer of the instant Writ Petition by amending the Survey Number of Pasaladeevi village H/o Lingaboina Revenue village, Narasapuram Mandal, West Godavari District as
“Sy.No.13/1” instead of “Sy.A/o.3/f” and/or pass Counsel for the Petitioner(S):
1. Y MAHA LAKSHMI Counsel for the Respondent(S):
1. GP FOR REVENUE
2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) WRIT PETITION NO: 6707/2024 Between:
1. LAKKU SRINIVAS, , AGED ABOUT 34 YEARS, R/O 2-231/1, MULA POLAM, PASALA DEEVI, LINGALA, BOINCHERLA,
WEST GODAVARI DISTRICT. 2. PULAPARTHI CHINNA PULLA RAO,, AGED ABOUT 39 YEARS, R/O 2-81, MULA POLAM, PASALA DEEVI, LINGALA, BOINCHERLA, WEST GODAVARI DISTRICT. 3. . KOTTU VENKATA MUTYALA RAO,, AGED ABOUT 39 YEARS, R/O 1-156, RAMALAYAM STREET, PASALA DEEVI,
LINGALA, BOINCHERLA, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM. 3. REVENUE DIVISIONAL OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT. 4. THE TAHSILDHAR, NARASAPURAM MANDAL, WEST GODAVARI
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DISTRICT. 5. THE MANDAL PARISHAD OFFICER, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 6.
THE PANCHAYAT SCRETARY, LINGANA BOINCHERLA, PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI 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 to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the respondents to evict the encroachers from the grave yard Ac.2.27 cents and from the Ghayhallu land Ac. 4.87 cents covered under Sy No. 13/1 of Pasaladeevi village of Lingaboina revenue village, Narasapuram Mandal, West Godavari District, further direct the respondents not to grant pattas if any to the encroachers, if so it amounts to illegal, irregular, irrational, arbitrary, without any authority of law and colourable exercise of powers and contrary to the provisions of A.P. Board standing Orders and A.P. Panchayati the Raj act, 1994 and consequently direct the respondents to protect the grave yard Ac. 2.27 cents and Ghayhallu land Ac. 4.87 cents of Pasaladeevi village H/o Lingaboina Revenue village, Narasapuram Mandal, West Godavari District and to pass IA 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 may be pleased to direct the Respondents to consider the representations dated 12.07.2023 & 14.07.2023 made to respondents No. 2 to 5 and consequently take appropriate action in accordance with the law pending disposal of the above writ petition and to pass Counsel for the Petitioner(S):
1. Y MAHA LAKSHMI Counsel for the Respondent(S):
1. GP FOR REVENUE
2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)
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THE HON’BLE SRI JUSTICE D RAMESH
WRIT PETITION No.42042 OF 2022 WRIT PETITION No.17690 OF 2023 WRIT PETITION No: 6707 OF 2024 COMMON ORDER:
1.
The issues involved in these writ petitions are interconnected and hence, these writ petitions are taken up together and disposed of by the common order. 2. These writ petitions are filed seeking a direction to the respondents to remove encroachments from the graveyard an extent of Ac.2.27 cents and from Ghayhallu land an extent Ac.4.87 cents covered under Sy.No.13/1 of Pasaladeevi Village of Ningaboina Revenue Village, Narasapuram Mandal, West Godavari District. 3. The learned Government Pleader has placed on record the written instructions of the Tahsildar, Narasapuram, vide Lr.Roc.No.46/2024/Dt., dt.02.12.2025. According to the said instructions, out of the total extent of Ac.2.27 cents in R.S. No.13/1 of Pasaladeevi Panchayat of L.B.Cherla Revenue Village of Narsapuram Mandal of West Godavari District, in the land an extent of Ac.0.65 cents, R & B road has been laid and the land in Ac.0.25 cents has been allotted for construction of solid waste management unit and the remaining Ac.1.37 cents is being utilized for the purpose of burial ground for Hindu people of Pasaladeevi
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Village. Thus, the total extent of Ac.2.27 cents in R.S.No.13/1 of Pasaladeevi Panchayat is the Government land, there are no encroachments and that the respondents have not granted any pattas to the public. 4. Recording the said instructions, as there are no encroachments, these writ petitions are disposed of. If any encroachments are made by third parties, the petitioners are at liberty to approach this Court by way of a separate writ petition. No costs. 5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV