Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY .THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10409 OF 2025 Between;
1. Vedarapu Ramanamma, VV/o Apparao, Aged 49 years, Occ: Washerman (Labour), R/o Tanam Village, Parawada Mandal, Anakapalli District.
2. Kintada Narisinga Rao, S/o Suri Demudu, Aged 48 years, Occ: Washerman (Labour), R/o , Tanam Village, Parawada Mandal, Anakapalli District.
3. Adduri Sanyasamma, W/o Late Gurraiah, Aged 65 years, Occ: Washerman (Labour), R/o H.No. 1-61, Tanam Village, Parawada Mandal, Anakapalli District.
4. Adduri Appala Narasamma, W/o Apparao, Aged 76 years, Occ: Washerman (Labour), R/o H. No.4-3, Tanam Village, Parawada Mandal, Anakapalli District.
5. Majji Rama Rao, S/o Appala Naidu, Aged 77 years, Occ: Washerman (Labour), R/o H. No.1-2, Tanam Village, Parawada Mandal, Anakapalli District. > ^
6. Pakalapati Naga Appa Rao, S/o Nookaraju, Aged 40 years, Occ: Washerman (Labour), R/o H.No.1-2, Tanam Village, Parawada Mandal, Anakapalli District.Vedarapu
" ...Petitioners ' s ..
f AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Development, Secretariat Buildings Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Anakappali District, Anakapalli.
3. The Revenue Divisional Officer, Anakapalli, Ankapalli District.
4. The Tahsildar, Parawada Mandal Anakapalli District.
5. The Mandal Revenue Inspector, Parawada Mandal, Anakapalli District.
6. The Village Revenue Officer, Tanam Village, Parawada Mandal Anakapalli District..
7. The Tanam Gram Panchayath, Rep. by its Secretary, Tanam Village, Parawada Mandal, Anakapalli District. ■
8. The Assistant Electrical Engineer, Parawada, Anakapalli District.
9. The Assistant Executive Engineer (Irrigation), CAD, Sabbavaram, Visakhapatnam District.
10. The Station House Officer, Parawada, Anakapalli District. ...Respondents 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, declaring the action of the 4*^ Respondent in issuing the orders vide Rc.Np.47/2025 C.C, dt.25-03-2025 without following due process of Law under A.P. Land Encroachment Act, 1905 and without issuing notice under section 7 of the A.P Land Encroachment Act, 1905 as illegal, arbitrary and violation of Articles, 14, 19, 21 of
4 Constitution of India and consequently set aside the
order vide Rc.No.47/2025 C.C, dt. 15-03-2025 issued by the 4**^ respondent.
lA NO: 1 OF 2025 Petition under Section 15^1 CPC praying that in the circumstances stated in the affidavit filed in suppdft of the petition, the High Court may be pleased to direct the 4*'^ fesporident to set aside the
order vide Rc.No.47/2025 C.C, dt.25-03-2025 issued by the 4**^ respondent pending disposal of the main writ petition pending disposal of the main writ petition. Counsel for the Petitioners: SRI BONU RAMA SHANKAR RAO Counsel for the Respondent Nos.1 to 6: GP FOR REVENUE Counsel for the Respondent No.7: SRI Y. KOTESWARA RAO, SC FOR GRAM RANCHAYAT Counsel for the Respondent No.8: SRI V.V.SATISH, SC FOR ENERGY Counsel for the Respondent No.9: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.10: GP FOR HOME Counsel for the Respondents: GP FOR ENERGY The Court made the following:
APHC010205982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10409/2025 Between: ...PETITIONER Vedarapu Ramanamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.BONU RAMA SHANKAR RAO Counsel for the Respondent(S):
1.GP FOR HOME 2.Y KOTESWAR RAO 3.GP FOR REVENUE 4.GP FOR ENERGY 5.GP FOR IRRI AND CAD 6.VVSATISH The Court made the following:
2 .
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10409/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing the orders vide Rc.No.47/2025 C.C, dated 25.03.2025 without following due process of Law under A.P. Land Encroachment Act, 1905 and without issuing notice under section 7 of the A.P. Land Encroachment Act, 1905 as illegal, arbitrary and violation of Articles 14, 19, 21 of Constitution of India and conseguently set aside the
order vide Rc.No.47/2025 C.C, dated 25.03.2025 issued by the 4'^ respondent in the interest of justice and pass such other order. ”
2. Heard the learned counsel for the petitioners, the learned Government Pleader for respondent Nos.1 to 6, Sri Y.Koteswara Rao, learned Standing Counsel for respondent No.7 and Sri V.V.Satish, learned Standing Counsel for respondent No.8.
3. Learned counsel for the petitioners submits that Kallempudi Tank/Cheruvu was allotted to the Rajaka Community. Since, then the Rajaka Community people used to wash the clothes of the villagers at the said Kallempudi cheruvu. For the purpose of washing and drying the clothes, the petitioners used to reside on the bunds of the said Kallempudi Cheruvu. Further the petitioners constructed zink sheet sheds for the residential purpose. Considering the same.
3 the Gram Panchayat allotted Electricity service Whileso, the 4*^ respondent 25.03.2025 directing the made by them. The door numbers to the said sheds, connection was also issued to the petitioners, issued the impugned proceedings dated petitioners to remove the constructions petitioner submitted
07.04.2025. But the respondents did representation dated not consider the same. Hence the present Writ Petition.
4. Learned Government Pleader for the that if the petitioners want to respondent, they can prefer Section 10 of the A.P. petitioners prefer an appeal, the will consider the respondents submits challenge the order passed by the 4^^ an appeal before the Collector under Land Encroachment Act,
1905. If the appellate authority/2'^'^ respondent same and pass appropriate orders within a reasonable time.
5. Having regard to the
learned counsel and Court deems it the petitioners to prefer Collector, within
submissions made by both the on perusal of the material placed on record, this appropriate to dispose of the Writ Petition an appeal before the 2"'^ directing respondent/District a period of three(3) weeks from the date of receipt receipt of the said appeal, the 2 of copy of this Order. After nd respondent shall consider and dispose of the same in accordance with law, within a period of two(2) months thereafter. Till then, status-
4 quo obtaining as on today shall be maintained by all the parties concerned.
6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SE N OFFICER To.
1. The Principal Secretary, State of Andhra Pradesh, Revenue Development, Secretariat Buildings Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Anakappali District, Anakapalli.
3. The Revenue Divisional Officer, Anakapalli, Ankapalli District.
4. The Tahsildar, Parawada Mandal Anakapalli District.
5. The Mandal Revenue Inspector, Parawada Mandal, Anakapalli District.
6. The Village Revenue Officer, Tanam Village, Parawada Mandal Anakapalli District..
7. The Secretary, Tanam Gram Panchayath, Tanam Village, Parawada Mandal, Anakapalli District. '
8. The Assistant Electrical Engirieer, Parawada, Anakapalli District.
9. The Assistant Executive Engineer, (Irrigation) CAD, Sabbavaram, Visakhapatnam District;
10. The Station House Officer, Parawada, Anakapalli District. One CC to Sri Bonu Rama Shankar Rao, Advocate [OPUC] ] One CC to Sri Y. Koteswara Rao, Standing Counsel for Gram Panchayat [OPUC] One CC to Sri V.V. Satish, Standing Counsel for Energy [OPUC] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh.
11.
12.
13.
14. [OUT]
15. Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT]
16. Two CCs to GP FOR ENERGY High Court Of Andhra Pradesh. [OUT]
17.
Two CCs to GP FOR IRRIGATION Andhra Pradesh. [OUT] Three CD Copies and cad, High Court Of
18. sree
HIGH COURT DATED;23/04/2025 \
ORDER WP.No.10409 of 2025 DISPOSING OF THE W.P.
WITHOUT COSTS