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-i 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 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADD>o^ WRIT PETITION NO: 10449 OF 2025 Between:
1. S Geetha, W/o S.Hanumanth Reddy, Aged about 36 years, R/o.D.No.OO, Kondakinda Palli Village, Thirumalaiah Palli Panchayat, Veduru Kuppam Mandal, Chittor District, Andhra Pradesh-517569. 2. S.Jyothi Reddy, S/o S.Mani Reddy, Aged about 21 years, R/o D.No.OO, Makamambapuram Village, ‘‘Thirumalaiah Palli Panchayat, Veduru Kuppam Mandal, Chittor District, Andhra Pradesh-517569. 3. B.Damodhar Reddy, S/o B.Samba Siva Reddy, Aged about 40 years, R/o D.No.OO, Makamambapuram Village, Thirumalaiah Palli Panchayat, Veduru Kuppam Mandal Chittor District, Andhra Pradesh-517569. ...PETITIONERS^ AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Revenue, AP Secretariat Buildings At Amaravathi, Guntur District. 2. The District Collector, Chittor Chittor District. 3. The Revenue Divisional Officer; Chittor, Chittor District. 4. The Tahsildar, Veduru Kuppam Mandal Chittor District. 5. B.Hari, S/o B.Prahalladha Reddy, Aged about 40 years, R/o D.No.OO, Makamambapuram Village, Thirumalaiah Palli Panchayat, Veduru Kuppam Mandal Chittor District, Andhra Pradesh-517569. 6. P.Rupa, W/o P.Aanjaneyulu Reddy, Aged about 44 years, R/o D.No.OO, Makamambapuram Village, Thirumalaiah Palli Panchayat, Ve^u Kuppam Mandal, Chittor District, Andhra Pradesh-517569. / / ...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 inaction of Respondents 2 to 4 in not evicting Respondents 5th and 6th from the land in Sy.No. 187/1, admeasuring Ac.2.30 cents of Makamambapuram Village and Panchayat, Veduru Kuppam Mandal, Chittoor District, despite the Petitioners' representation dated 15.04.2025 and not following the orders of Hon'ble Apex Court in jagpal Singh v.State of Punjab reported in (2011) 11 SCC 396 as illegal, arbitrary, violative of Articles 14, 15, 19 and 300A of the Constitution of India, and consequently direct the Respondents 2 to 4 to forthwith remove the encroachments by Respondents 5th and 6th and restore the land to the village community.
lA NO: 1 OF 2025 Petition under Section 1^ 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 2 to 4 to consider and dispose of the representation dated 15.04.2025 submitted by the Petitioners for removal of encroachments by Respondents 5th and 6th in Sy.No. 187/1, admeasuring Ac.2.30 cents of Makamambapuram Village and Panchayat, Veduru Kuppam Mandal, Chittoor District, in accordance with law, within a time frame as may be fixed by this Hon'ble Court pending disposal of the Writ Petition pending disposal of the above writ petition. -- Counsel for the Petitioner: SRI PASAPALA SUDHAKAR REDDY- Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE ^ Counsel for the Respondent Nos. 5 & 6: -— The Court made the following: ORDER
APHC010208402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] T, WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10449/2025 Between: S Geetha and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): ...RESPONDENT(S) 1, PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10449/2025
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 inaction of respondent Nos. 2 to 4 in not evicting respondent Nos. 5 and 6 from the land in Sy.No.187/1, admeasuring Ac.2.30 cents of Makamambapuram Village and Panchayat, Veduru Kuppam Mandal, Chittoor District, despite the petitioners’ representation dated 15.04.2025 and not following the orders of Hon’ble Apex Court in Jagpal Singh v. State of Punjab reported in (2011) 11 SCC 396 as Illegal, arbitrary, violative of Articles 14, 15, 19 and 300-A of the Constitution of India and consequently direct the respondent Nos. 2 to 4 to forthwith remove the encroachments by respondent Nos. 5 and 6 and restore the land to the village community and pass such other order. ”
2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.
3.
Learned counsel for the petitioners submits that the land admeasuring to an extent of Ac.2.30 cents in Sy.No.187/1 of Makamambapuram Village, Veduru Kuppam Mandal, Chittoor District is classified as Metha Beedu/Poramboku land and the same is reserved for common use of the villagers. Respondent Nos.5 and 6 have illegally encroached the subject land. The petitioner made several representations requesting the respondents for removal of
3 the encroachments made by respondent Nos.5 and 6. But till date action has been initiated by the respondents. Hence, the present Writ Petition. no
3. Learned Government Pleader for the respondents furnished the written instructions dated 21.04.2025, wherein it is stated as follows:
“It is humbly submitted that since the subject land In Sy.No. 187/1 of Makamambapuram Village, measuring Ac. 2.30 cents, is classified as Government Poramboke land earmarked as
“Grazing Ground Poramboke (Pasuvulametha Beedu), ’’ any unauthorized occupation or encroachment upon such land is illegal and liable for eviction. Therefore, necessary action may be initiated for removal of the encroachment by following due procedure of law under the provisions of the Andhra Pradesh Land Encroachment Act, 1905, after issuing notices to the encroachers and conducting a proper enquiry, so as to protect government land and uphold its intended public purpose. ”
4. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the material placed on record, this Court deems it appropriate to dispose of the writ petition directing the official respondents to remove the encroachments of respondent Nos.5 and 6, after issuing notice to all the parties concerned and by following due process of law.
5. With the above direction, the writ petition is disposed of. There shall be no order as to costs.
4 As a sequel miscellaneous application, pending, if any, shall also stand closed.
//TRUE COPY// I SECTION OFFICER To,
1. The Principal Secretary, Department of Revenue, AP Secretariat Buildings At Amaravathi, Guntur District. The District Collector, Chittor Chittor District. The Revenue Divisional Officer, Chittor, Chittor District. The Tahsildar, Veduru Kuppam Mandal Chittor DistrictT One CC to Sri Pasapala Sudhakar Reddy Advocate [OPUC] Two CCs to GP for Revenue, Htgh Court of Andhra Pradesh. [OUT] Three CD Copies
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HIGH COURT DATED:23/04/2025
ORDER g J1JOL20S g ^.Currenl Section ^y/ WP.No.10449 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS