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2025 DAILYLAW 47089 (AP)

M KARAMTHULLA BAIG v. THE GOVT OF AP

WP/13536/2021 · 2025-10-07

B Krishna Mohan

body2025

Judgment text

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APHC010236732021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 13536/2021 Between: 1. M KARAMTHULLA BAIG, S/O LATE MOGAL MAHABUB BAIG, AGED ABOUT 66 YEARS, RES/AT PEDDA MASID STREET, ROMPICHERLA VILLAGE AND MANDAL, CHITTOOR DISTRICT, A.P. ...PETITIONER AND 1. THE GOVT OF AP, REP BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, NELAPADU, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE SUBCOLLECTOR, MADANAPALLE, CHITTOR DISTRICT, A.P. 4. THE TAHSILDAR, ROMPICHERLA MANDAL, CHITTOOR DISTRICT, A.P. 5. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT, ROMPICHERLA POST AND MANDAL, CHITTOOR DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1. K MUNI REDDY BALA PRASAD 2 HBKM,J W.P.No.13536 of 2021 Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3 HBKM,J W.P.No.13536 of 2021 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for the respondent Nos.1 to 4 and the learned Standing Counsel for the 5th respondent. 2. This writ petition was filed questioning the action of the respondent Nos.1 to 4 in not taking appropriate steps to protect the 'Thatimakula Kunta' with an extent of Ac.4-96 cents situated in Sy.No.1006 of Rompicherla Revenue Village in Rompicherla Mandal in Chittoor District from illegal encroachments made by the 5th respondent and others. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4 relying upon the written instructions of the 4th respondent dated 17.09.2025 submits that the land in an extent of Ac.4.96 cents in Sy.No.1006 is classified as Government Poramboke and registered as <Kunta Poramboke= in the revenue records of Rompicherla Village of Rompicherla Mandal locally called as <Thatimakula Kunta= water body. The Ayakattu of Thatimakula Kunta is in an extent of Ac.7.23 cents as per the revenue records. The petitioners are having the Ayakattu lands under the Thatimakulakunta in Sy.Nos.995, 996 and 997 to 1005, which are Settlement Patta lands. In Sy.No.997, there is one Cinema Theatre situated and in some portion of ayakattu lands rooms were constructed, belonging to the petitioner and his family members. The Tank is adjacent to the Rompicherla to Yerravaripalem road. In COVID period, temporary market was established in the portion of the Tank bed area. Thereafter, it was shifted to 4 HBKM,J W.P.No.13536 of 2021 its original place near Panchayat office and there are no encroachments by the 5th respondent i.e., the Panchayat Secretary, Rompicherla in the subject land as alleged by the petitioner. Basing upon the petition filed dated 01.09.2025 alleging the encroachments, the 4th respondent conducted enquiry with his staff and inspected the subject water body and noticed, an attempt was made to raise the structure by some third parties. The said structure was demolished and the attempt of encroachment made at the initial stage was prevented and caution board was erected in the said area and as such the public interest is protected and there is no encroachment as stated above in the subject Thatimakula Kunta. 4. In view of the above said facts and circumstances, the Tank bed area and the existing Thatimakula Kunta shall be protected by all means by the respondent Nos.2 to 5 are concerned and there shall not be any encroachments on it. However, the subject Tank bed area shall be dealt with strictly in accordance with law, if so warranted for any public purpose. 5. Accordingly, this writ petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 08.10.2025 PGT