APHC010552122025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. JIRRA AMARAMMA, W/O JIRRA BALIREDDY, AGED 65 YEARS, R/0 JIRRAVARIPALEM, KALIGIRI MANDAL, NELLORE DISTRICT, ANDHRA PRADESH 2. JIRRA BALIREDDY, S/0 ANKIREDDY, AGED 65 YEARS, R/O JIRRAVARIPALEM KALIGIRI ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF PANCHYATH RAJ AND RURAL DEVELOPMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, AN 2. THE COLLECTOR OF NELLORE, , SPSR NELLORE DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR OF KALIGIRI MANDAL, , SPSR NELLORE DISTRICT, ANDHRA PRADESH. 5. THE KALIGIRI GRAM PANCHYATHY, REP BY ITS SECRETARY, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28513/2025 JIRRA AMARAMMA, W/O JIRRA BALIREDDY, AGED 65 YEARS, R/0 JIRRAVARIPALEM, KALIGIRI MANDAL, NELLORE DISTRICT, ANDHRA PRADESH- 524224. JIRRA BALIREDDY, S/0 ANKIREDDY, AGED 65 YEARS, R/O JIRRAVARIPALEM KALIGIRI MANDAL, NELLORE DISTRICT, ANDHRA PRADESH-524224. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF PANCHYATH RAJ AND RURAL DEVELOPMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. THE COLLECTOR OF NELLORE, , SPSR NELLORE DISTRICT, ANDHRA PRADESH. THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH. THE TAHSILDAR OF KALIGIRI MANDAL, , SPSR NELLORE DISTRICT, ANDHRA PRADESH. THE KALIGIRI GRAM PANCHYATHY, REP BY ITS SECRETARY, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY, THE THIRTIETH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI JIRRA AMARAMMA, W/O JIRRA BALIREDDY, AGED 65 YEARS, R/0 JIRRAVARIPALEM, KALIGIRI MANDAL, NELLORE DISTRICT, JIRRA BALIREDDY, S/0 ANKIREDDY, AGED 65 YEARS, R/O MANDAL, NELLORE DISTRICT, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF PANCHYATH RAJ AND RURAL DEVELOPMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, THE COLLECTOR OF NELLORE, , SPSR NELLORE DISTRICT, THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE THE TAHSILDAR OF KALIGIRI MANDAL, , SPSR NELLORE THE KALIGIRI GRAM PANCHYATHY, REP BY ITS SECRETARY, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA 6. THE CIRCLE INSPECTOR, KALIGIRI POLICE STATION, SPSR NELLORE DISTRICT ANDHRA PRADESH. 7. THE STATION HOUSE OFFICER, KALIGIRI POLICE STATION, SPSR NELLORE DISTRICT ANDHRA PRADESH. 8. AMBATI SANKAR, S/O RAVANA REDDY, R/O AMBATIVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 9. AMBATI ANKAMMA, W/O VENKATESWARLU, R/0 AMBATIVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 10. ALLURI RAVANA REDDY, W/O KAMESWARI, R/0 AMBATIVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 11. SANGAM GOPAL REDDY, S/O YERUKALA REDDY, R/O KOTHANAGI REDDY VARI PALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 12. LEKKALA KISHAN RITHWIK, S/O LEKKALA LAKSHMAIAH, R/O AMBATIVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 13. SANGAM RAMA KRISHNAIAH, S/O SRIRAMULU, R/O KOTHANAGI REDDY VARI PALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 14. YERRAGUNTLA RAJASEKHAR REDDY, S/O RAVANA REDDY, R/O AMBATIVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 15. CHEEMALA MALYADRI, R/O CHIMALAVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 16. CHEEMALA RADHAIAH, S/0 CHINNA RADHAIAH, R/0 CHIMALAVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAI, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 17. BANDI AADHILAKSHMI, W/0 PRASAD, R/0 CHIMALAVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 18. BAPATHU MANOJ KUMAR REDDY, R/O AMBATIVARIPALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH 19. BAPATHU PRABAKAR REDDY, S/O MALAKONDA REDDY, R/O NAGIREDDYVARI PALEM, VEERAKALLU POST, KALIGIRI MANDAL, SPSR NELLORE 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 to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities in not initiating any action in removing the unauthorized constructions over Plot No. 11 of extent 11.41 Ankanas, Plot No. 12,13 of extent 24.21 Ankanas, Plot No. 14 of extent 18.62 Ankanas, Plot No. 15 of extent 18.13 Ankanas, Plot No. 16 of extent 17.61 Ankanas, in total extent of 89.98 Ankanas in Survey No. 323-2- 3, 1017-1, 1017-3, 1017-3A, 1017-3B, 1017-4 made by the 8th to 19th respondents over the pathway of the petitioners land situated in Survey No. 1017-2B of extent Ac. 0.20 cents and 152 of extent Ac. 5.25 cents at Kaligiri Village and Mandal, SPSR Nellore District, Andhra Pradesh without having any approved layout and causing difficult to the petitioners and other villagers to enter into their agriculture lands despite of bringing to the notice of the respondent authorities by way of representation dated 16.09.2025 is as illegal, arbitrary and violation of Article 14, 15, 16, 19, 21 and 300A of the Indian Constitution and Principles of Natural Justice and consequently direct the respondent authorities to remove the unauthorized constructions made by the 8th to 19th respondents in Survey No. 323-2-3, 1017-1, 1017-3, 1017-3A, 1017-3B, 1017-4 over Plot No. 11 of extent 11.41 Ankanas, Plot No. 12,13 of extent 24.21 Ankanas, Plot No. 14 of extent 18.62 Ankanas, Plot No. 15 of extent 18.13 Ankanas, Plot No. 16 of extent 17.61 Ankanas, in total extent of 89.98 Ankanas situated at Kaligiri Village and Mandal, SPSR Nellore District, Andhra Pradesh duly clearing the way to the petitioner to enter into the cultivating lands situated at Survey No. 1017-2B of extent Ac. 0.20 cents and 152 of extent Ac. 5.25 cents at Kaligiri Village and Mandal, SPSR Nellore District, Andhra Pradesh in view of the RTI Proceedings issued by the 5th respondent vide its ROC. No. 170/RTI/GP/2024 Dated 25/10/2024 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 respondent authorities to take action against the unauthorized constructions in view of the RTI Proceedings issued by the 5th respondent vide its ROC. No. 170/RTI/GP/2024 Dated 25.10.2024 duly considering the representation dated 16/09/2025and pass order or orders in accordance with law pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. NALLANAGULA LALITHA SREE Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following order: The grievance of the petitioners is that respondent authorities are not taking steps in removing the unauthorized constructions made by respondent Nos.8 to 19 admeasuring 11.41 Ankanas in Plot No.11, 24.21 Ankanas in Plot No.12 and 13, 18.62 Ankanas in Plot No.14, 18.13 Anakanas in Plot No.15, 17.61 Ankanas in Plot No.16 totaling 89.98 Ankanas in survey Nos.323-2-3, 1017-1, 1017-3, 1017-3A, 1017-3B, 1017-4 over the pathway of the petitioners’ land situated in Survey No.1017-2B to an extent of Ac.0.20 cents and Survey No.152 to an extent of Ac.5.25 cents at Kaligiri village and Mandal, SPSR Nellore District. 2. Heard Ms N.Lalitha Sree, learned counsel for the petitioners, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri M. Sudhir, learned standing counsel for Gram Panchayat and Smt K.Shahina, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that without having any approved lay out from the respondent authorities, the unofficial respondents have encroached the public pathway and commenced construction over 16 plots adjacent to the petitioners’ land, thereby obstructing the petitioners’ ingress and egress. Though the petitioners submitted a representation dated 16.09.2025 requesting the respondent authorities to remove the said constructions, no action has been taken by them. Hence, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, the learned Assistant Government Pleader for Revenue submitted that the Tahsildar has already addressed a communication to the competent authorities for taking necessary steps to remove the encroachments, and that the authorities will proceed to remove the same in accordance with law. 5. Perused the record and considered the submissions made by learned counsel for the parties. The contention of the petitioners is that the unofficial respondents have encroached the public pathway and causing obstruction to ingress and egress to the petitioners’ land and other villagers. Despite bringing the same to the notice of the authorities concerned, they have not acted upon the same. When a grievance is raised before the authorities regarding encroachments, it is the statutory duty of the concerned authorities to verify and ascertain whether any encroachments exist, and, if so, to take appropriate action in accordance with law. 6. Taking the submission of learned counsel for the parties into consideration, since the respondent authorities have intention to take steps for removing the said encroachment by following the Encroachment Act, 1905, this Court finds no necessity in keeping this Writ Petition pending. As no positive direction is being issued by this Court, the question of issuing notice or hearing the unofficial respondents does not arise at this stage. Hence, 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 appropriate action in accordance with law, if any encroachments are found, 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 completed within a period of three months from the date of receipt of a copy of this order.” 7. 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 30.10.2025 MP 206 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.28513 OF 2025 30.10.2025 MP HIGH COURT OF ANDHRA PRADESH MAIN CASE No: WRIT PETITION No.28513 of 2025 PROCEEDING SHEET S. No DATE ORDER 30.10.2025 RC, J The Writ Petition is disposed of. (vide separate order) ______________________ RAVI CHEEMALAPATI, J MP