APHC010469932025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. ATLA ADDILAKSHMAMMA, W/O. NAGESWAR RAO, AGED ABOUT 42 YEARS, OCC HOUSE WIFE, R/O. D.NO. 1 PALLI VILLAGE, DINNE, CHEERLADINNE KANIGIRI MANDAL, PRAKASAM DISTRICT. 1. THE STATE OF AP, REP.BY ITS REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM DISTRICT. 4. THE TAHSIDHAR, PKANIGIRI MANDAL, PRAKAS 5. THE BALLIPALLI GRAM PANCHAYAT, REP. BY ITS SECRETARY, BALLIPALLI VILLAGE KANIGIRI MANDAL, PRAKASAM DISTRICT. 6. ATIA KONDAIAH, S/O. ATIA CHINNA MALAKONDAIH (DIED) AGED ABOUT 60 YEARS, OCC BUSINESS, R/O. CHEERLADINNE, BALLIPALLI PANCHAYAT, USTUMVARI PALLI VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. 7. ATIA MALAKONDAIAH ASHOK, S/O. ATIA BAKHIREDDY, AGED ABOUT 40 YEARS, OCC POULTRY, R/O. CHEERLADINNE, BALLIPALLI PANCHAYAT, USTUMVARI PALLI VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24069/2025 ATLA ADDILAKSHMAMMA, W/O. NAGESWAR RAO, AGED ABOUT 42 YEARS, OCC HOUSE WIFE, R/O. D.NO. 1-70A, USTUMVARI PALLI VILLAGE, DINNE, CHEERLADINNE KANIGIRI MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT. THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM THE TAHSIDHAR, PKANIGIRI MANDAL, PRAKASAM DISTRICT. THE BALLIPALLI GRAM PANCHAYAT, REP. BY ITS SECRETARY, BALLIPALLI VILLAGE KANIGIRI MANDAL, PRAKASAM DISTRICT. ATIA KONDAIAH, S/O. ATIA CHINNA MALAKONDAIH (DIED) AGED ABOUT 60 YEARS, OCC BUSINESS, R/O. CHEERLADINNE, BALLIPALLI PANCHAYAT, USTUMVARI PALLI VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. ATIA MALAKONDAIAH ASHOK, S/O. ATIA BAKHIREDDY, AGED ABOUT 40 YEARS, OCC POULTRY, R/O. CHEERLADINNE, NCHAYAT, USTUMVARI PALLI VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ATLA ADDILAKSHMAMMA, W/O. NAGESWAR RAO, AGED ABOUT 70A, USTUMVARI PALLI VILLAGE, DINNE, CHEERLADINNE KANIGIRI MANDAL, ...PETITIONER PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE REVENUE DIVISIONAL OFFICER, KANIGIRI, PRAKASAM AM DISTRICT. THE BALLIPALLI GRAM PANCHAYAT, REP. BY ITS SECRETARY, BALLIPALLI VILLAGE KANIGIRI MANDAL, PRAKASAM DISTRICT. ATIA KONDAIAH, S/O. ATIA CHINNA MALAKONDAIH (DIED) AGED ABOUT 60 YEARS, OCC BUSINESS, R/O. CHEERLADINNE, BALLIPALLI PANCHAYAT, USTUMVARI PALLI VILLAGE, KANIGIRI ATIA MALAKONDAIAH ASHOK, S/O. ATIA BAKHIREDDY, AGED ABOUT 40 YEARS, OCC POULTRY, R/O. CHEERLADINNE, NCHAYAT, USTUMVARI PALLI VILLAGE, KANIGIRI 2 8. ACCHALA LAKSHMI REDDY, S/O. ACCHALA RAMAIAH AGED ABOUT 42 YEARS, OCC AGRICULTURE, R/O. CHEERLADINNE, BALLIPALLI PANCHAYAT, USTUMVARI PALLI VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. 9. DUDDU CHANDRIAH, S/O. DUDDU DERAIH (DIED), AGED ABOUT 51 YEARS, OCC POULTRY WROKER, R/O. CHEERLADINNE, BALLIPALLI PANCHAYAT, USTUMVARI PALLI VILLAGE, KANIGIRI MANDAL, PRAKASAM 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 of Mandamus, directing the official Respondents No. 1 to 5 to remove the illegal encroachments raised by Respondent No.6 to 9 in the land classified as Bandidaari (Cart-track) situated in Survey No.66, Ballipalli Village, Kanigiri Mandal, Prakasam District, as per the revenue records as illegal, arbitrary, violative of Article 14, 21 and 300-A of the Constitution of India, and also contrary to the Judgment of this Hon'ble Court in WP (PIL) No. 140 of 2022 dated 14.09.2022 and consequently direct the respondents to forthwith remove the illegal encroachments and ensure free access and use of the cart track 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 to direct the respondents No. 1 to 5 to take immediate necessary action for removal of encroachment pursuant to representation dated 18.08.2025 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SATISH SANDU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SIVA KUMARI SURINENI 3. Mattegunta Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats 3 The Court made the following order: The grievance of the petitioner is that revenue authorities are not removing the encroachments made by the unofficial respondents in the land classified as ‘Bandidaari (Cart-track) situated in Survey No.66, Ballipalli Village, Kanigiri Mandal, Prakasam District. 2. Heard Sri Subhan, learned counsel, representing Sri S.Satish, learned counsel for the petitioner, Sri Venkata Saryanarayana, learned Assistant Government Pleader for Revenue, Sri M.Sudheer, learned standing counsel for Gram Panchayat and Smt Siva Kumari, learned counsel for the unofficial respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner along with the villagers had been using a common cart track situated in survey No.66 for several decades to reach their agricultural lands, houses and other places and the same is demarcated as ‘cart track’ and is classified as ‘Bandi Daari’ in all the revenue records. He further submitted that recently the unofficial respondents have unlawfully encroached upon the said land by raising structures, thereby obstructing the ingress and egress of the petitioner and to the other adjacent landowners. Despite bringing the same to the notice of the respondent authorities, they have not removed the encroachments till date. He further submitted that it would suffice, if a direction is given to the revenue authorities 4 to take steps for removal of encroachments in accordance with law and prayed to pass appropriate orders in that regard. 4. On the other hand, learned Assistant Government Pleader, while placing on record the written instructions of the Tahsildar vide Rc.A/352/2025 dated 08.09.2025 contended that the Village Revenue Officer, Ballipalli village, who enquired into the matter, has reported that as per F.L.R of Ballipalli village, the survey No.66 of Ballipalli village measuring an extent of Ac.0-19 cents and identified an encroachment in an extent of Ac.0.05 cents. He further submitted that the Tahsildar, Kanigiri Mandal issued Endorsement vide Rc.Dt/369/2024 dated 20.09.2025 stating that the authorities will take steps for removal of encroachments, after issuing notices to the encroachers. 5. Learned counsel for the unofficial respondents, while placing the counter across the Bench, contended that as per the report of the Village surveyor, it was found that residential houses have existed in survey No.66 for the past 40 years and people have been residing there. The respondent authorities never raised an obligation regarding the residences of that particular Ballipalli Grama Panchayat extension and there is also electricity connections and most of the residences paid their electricity bills according to rules and norms and that there are no encroachments. She further submitted that there are no merits in the Writ Petition and the same is liable to be dismissed. 6. Perused the record and considered the submissions made by learned counsel for the parties. 5 7. The contention of the petitioner is that the unofficial respondents have encroached the land classified as ‘Bandidaari’ (Cart track) situated in survey No.66 of Ballipalli village. Despite bringing the same to the notice of the authorities concerned, they have not acted upon the same. Perusal of the record shows that the revenue authorities as well as Gram Panchayat admitted that there are encroachments in survey No.66 of Ballipalli Gram Panchayat. The contentions raised by the unofficial respondents is that residential houses have existed in survey No.66 for the past 40 years. 8. Taking the submission of learned counsel for the parties into consideration, since the respondent authorities have intention to take steps in removing the encroachments by following law and has issued endorsement to that effect, there is no necessity in keeping this Writ Petition pending inviting counter. As such, this Court is inclined to dispose of the Writ Petition, at the admission stage itself, with the following direction. “The respondent authorities are directed to verify whether there are encroachments in Survey No.66, Ballipalli village, Kanigiri Mandal, Prakasam District and if it is found that encroachments exist, the authorities shall take appropriate action in accordance with law by issuing proper notices to all encroachers including the unofficial respondents, granting them sufficient time to submit their explanations and affording them an opportunity of being heard and pass a reasoned order and communicate the same to the petitioners as well as unofficial respondents. The entire exercise shall be 6 completed within a period of three months from the date of receipt of a copy of this order.” 5. Accordingly, the Writ Petition is disposed of. There shall be 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 31.10.2025 MP 7 300 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.24069 of 2025 31.10.2025 MP 8 HIGH COURT OF ANDHRA PRADESH MAIN CASE No: WRIT PETITION No.24069 of 2025 PROCEEDING SHEET S. No DATE ORDER . 31.10.2025 RC, J The Writ Petition is disposed of. (vide separate order) ______________________ RAVI CHEEMALAPATI, J MP 9