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2025 DAILYLAW 45553 (AP)

NARISETTY ANILKUMAR v. The State of Andhra Pradesh

WP/26816/2025 · 2025-09-25

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010507122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26816/2025 Between: 1. NARISETTY ANILKUMAR, S/O. N.SINGAIAH, AGED 44YEARS, OCC PRIVATE EMPLOYEE, R/O. H.NO. 4-59, KAKANI PALEM, ADDANKI (NORTH), ADDANKI, BAPATLA DISTRICT -523201. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, BAPATLA, BAPATLA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, CHIRALA, BAPATLA DISTRICT. 4. THE TAHSILDHAR, ADDANKI, BAPATLA DISTRICT. 5. ADDANKI MUNICIPALITY, REP. BY ITS COMMISSIONER ADDANKI MANDAL, BAPATLA DISTRICT 6. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SECTION, ADDANKI ADDANKI MANDAL, BAPATLA 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 declaring action of the Respondent No.4 to 6 in not taking any action on the petitioner representation dated 26.08.2025 for removal encroachments like buildings, structures and roads in an extents of Ac.7.060 cnts in R.S. No. 97-1, Ac. 1.030 cnts in R.S. No. 97-3, Ac.2.670 cnts in R.S.No. 97-4, Ac.0.550 cnts in R.S.No. 97-5, Ac.0.300 cnts in R.S.No.97-6 in total Ac. 11.61 cnts which is classified as Cheruvu Poramboke situated at Addanki (north), Addanki, Bapatla District which as illegal, arbitrary, violation of constitution of India and consequently direct the Respondents 4 to 6 to take immediate action and to protect the lands in R.S. No. 97-1, 97-3, 97-4, 97-5, 97-6 which 2 is classified as Cheruvu Poramboke, situated Addanki (north), Addanki, Bapatla District following due process of law and 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 No.4 to 6 to stop further construction works of Buildings, Structures, Roads etc., in R.S. No. 97- 1, 97-3, 97-4, 97-5, 97-6 situated Addanki (north), Addanki, Bapatla District, pending disposal of the above writ petition, in the interest of justice and pass Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 26816 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the Respondent No.4 to 6 in not taking any action on the petitioner representation dated 26.08.2025 for removal encroachments like buildings, structures and roads in an extents of Ac.7.060 cnts in R.S. No. 97-1, Ac. 1.030 cnts in R.S. No. 97-3, Ac.2.670 cnts in R.S.No. 97-4, Ac.0.550 cnts in R.S.No. 97-5, Ac.0.300 cnts in R.S.No.97-6 in total Ac.11.61 cnts which is classified as Cheruvu Poramboke situated at Addanki (north), Addanki, Bapatla District which as illegal, arbitrary, violation of constitution of India and consequently direct the Respondents 4 to 6 to take immediate action and to protect the lands in R.S. No. 97-1, 97-3, 97-4, 97-5, 97-6 which is classified as Cheruvu Poramboke, situated Addanki (north), Addanki, Bapatla District following due process of law and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. Heard Sri K.V.Aditya Chowdary, learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner would submit that when the similar issue came up before this Court in W.P.No.17419 of 2024, this Court disposed of the said writ petition vide orders, dated 08.08.2024 and learned counsel requested to pass similar order in this writ petition. 4 4. Learned Assistant Government Pleader appearing for the respondents does not refute the said submission. 5. In view of the said representation made by the learned counsel for the petitioner, the present Writ Petition is disposed of in terms of W.P.No.17419 of 2024, dated 08.08.2024. There shall be no order as to costs. 6. Registry is directed to attach a copy of the order dated 08.08.2024 passed in W.P.No.17419 of 2024 to this order. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 26.09.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 26816 OF 2025 Date: 26.09.2025 SPP