APHC010468782023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. SURAVARAPU JAGADEESWARA RAO, S/O LATE VENKATA NARAYANA, AGED. 55 YEARS, OCC. SARPANCH, R/O KOTHAKOTA GRAM PANCHAYAT, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. 2. KARANAM RAMESHBABU,, S/O LATE YERRAMNAIDU, AGED. 45 YEARS, OCC. PANCHAYAT, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. 1. STATE OF ANDHRA PRADESH, REP. BY ITS, PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPU AMARAVATI, GUNTUR DISTRICT. 2. MANDAL PARISHAD DEVELOPMENT OFFICER, , MANDAL PRAJA PARISHAD, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. 3. KOTHAKOTA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOTHAKOTA VILLAGE, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. 4. DISTRICT COLLECTOR, , SRIKAKULAM DISTRICT. 5. TAHSILDAR, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. 6. SURAVARAPU SIMMINAIDU, , S/O LATE LAXMINARAYANA, AGED. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 24384/2023 SURAVARAPU JAGADEESWARA RAO, S/O LATE VENKATA NARAYANA, AGED. 55 YEARS, OCC. SARPANCH, R/O KOTHAKOTA GRAM PANCHAYAT, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. KARANAM RAMESHBABU,, S/O LATE YERRAMNAIDU, AGED. 45 YEARS, OCC. CULTIVATION, R/O KOTHAKOTA GRAM PANCHAYAT, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND STATE OF ANDHRA PRADESH, REP. BY ITS, PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPU AMARAVATI, GUNTUR DISTRICT. MANDAL PARISHAD DEVELOPMENT OFFICER, , MANDAL PRAJA PARISHAD, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. KOTHAKOTA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOTHAKOTA VILLAGE, SARUBUJJILI MANDAL, STRICT. DISTRICT COLLECTOR, , SRIKAKULAM DISTRICT. TAHSILDAR, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. SURAVARAPU SIMMINAIDU, , S/O LATE LAXMINARAYANA, AGED. IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SURAVARAPU JAGADEESWARA RAO, S/O LATE VENKATA NARAYANA, AGED. 55 YEARS, OCC. SARPANCH, R/O KOTHAKOTA GRAM PANCHAYAT, SARUBUJJILI MANDAL, KARANAM RAMESHBABU,, S/O LATE YERRAMNAIDU, AGED. 45 CULTIVATION, R/O KOTHAKOTA GRAM PANCHAYAT, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) STATE OF ANDHRA PRADESH, REP. BY ITS, PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, MANDAL PARISHAD DEVELOPMENT OFFICER, , MANDAL PRAJA PARISHAD, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. KOTHAKOTA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KOTHAKOTA VILLAGE, SARUBUJJILI MANDAL, TAHSILDAR, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. SURAVARAPU SIMMINAIDU, , S/O LATE LAXMINARAYANA, AGED. 70 YEARS, OCC. RETD. GOVT. EMPLOYEE, R/O KOTHAKOTA GRAM PANCHAYAT, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. 7. SURAVARAPU NAGESWARA RAO, . S/O LATE LAXMINARAYANA, AGED. 65 YEARS, OCC. ZPTC, SARUBUJJILI, R/O KOTHAKOTA GRAM PANCHAYAT, SARUBUJJILI MANDAL, SRIKAKULAM 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 tomay 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 5 on petitioners' representation dt. 31.03.2023 and 04.04.2023 submitted to remove the encroachments i.e unauthorized construction of park by the respondents 6 and 7 in the land in an extent of Ac.0.025 (two and half ) cents covered by Survey No.48 which is classified as 'Government Koneru' (Government Tank Poramboke) situated in Kothakota village, Sarubujjili Mandal, Srikakulam District by strictly implementing the judgment dt. 20.10.2022 in W.A.No.546 of 2022 and batch passed by the Honourabkle High Court of Andhra Pradesh as illegal, irregular, irrational, violative of provisions of Andhra Pradesh Water, Land and Trees Act, 2002. Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 5 to remove the encroachments made by the respondents 6 and 7 on the land covered by Survey No.48 which is classified as 'Government Koneru' (Government Tank Poramboke) situated in Kothakota village, Sarubujjili Mandal, Srikakulam District and pass such IA NO: 1 OF 2023 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 may be pleased to direct the respondents 2 to 5 to consider the representation dt. 31.03.2023 and 04.04.2023 submitted by the petitioners to remove the encroachments i.e unauthorized construction of park by the respondents 6 and 7 in the land in an extent of Ac.0.025 (two and half ) cents covered by Survey No.48 which is classified as 'Government Koneru' (Government Tank Poramboke) situated in Kothakota village, Sarubujjili Mandal, Srikakulam District by strictly implementing the judgment dt. 20.10.2022 in W.A.No.546 of 2022 and batch passed by the Hon'ble High Court of Andhra Pradesh forthwith and protect the said public water tank for public purpose, pending disposal of the main writ petition and pass such Counsel for the Petitioner(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. A RAVI SHANKAR 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER Sri Srinivas Ambati, learned counsel for the petitioner, sought permission of this Court to withdraw the writ petition. 2. Permission accorded. 2. Accordingly, this writ petition is dismissed as withdrawn. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 3rd December, 2025. RR