APHC010233362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 12086/2024 Between: 1. MECHENENI HARIKRISHNA RAO,, S/O LATE SATYANARAYANA RAO, AGED 52 YEARS, OCC . CULTIVATION 2. MECHENENI JITENDRA,, S/O LATE SATYANARAYANA RAO, AGED 51 YEARS, OCC . CULTIVATION BOTH THE PETITIONERS ARE R/O. D.NO. 1-176/6, MOHITH ARCADE, SRINAGAR COLONY, GANNAVARAM, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, GUDIVADA REVENUE DIVISION, KRISHNA DISTRICT. 4. THE TAHSILDAR, GANNAVARAM MANDAL, KRISHNA DISTRICT. 5. THE MANDAL SURVEYOR, GANNAVARAM MANDAL, KRISHNA DISTRICT. 6. THE VILLAGE SURVEYOR 1, VEDURUPAVULURU VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT. 7. THE EXECUTIVE AUTHORITY CUM PANCHAYAT SECRETARY, MUSTABADA GRAMA PANCHAYAT, GANNAVARAM MANDAL, KRISHNA 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 2 be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents on petitioners representation dated 05.01.2024 submitted for Removing Encroachments and Public Road of 36 Links Width through Survey Nos. 860 and 861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District for Restoration of Road Free from Encroachments for Passage Purpose of petitioners, by preventing the encroachments thereon, amounts to non-discharge of legal obligation conferred on respondents under the provisions of Andhra Pradesh Land Encroachment Act, 1905 and Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to remove encroachments on said passage Road and restore the road free for encroachments for passage purpose of the petitioners lands by removing said illegal encroachments from the Cart Track / Public Road covered by the said survey numbers and pass IA NO: 1 OF 2024 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 respondents to consider and initiate necessary action on petitioners’ representation dated 05.01.2024, submitted for Removing Encroachments and Cart Track/Public Road of 36 Links Width through Survey Nos. 860 & 861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District and for Restoration of Road Free from Encroachments for Passage Purpose of petitioners by preventing the encroachments thereon, pending disposal of the main Writ Petition 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 grant leave to petitioner here / Respondent No.4 in the WP .No. 12086 of 2024 to file counter in the above writ petition and pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3 WRIT PETITION NO: 13641/2024 Between: 1. KOLUSU VEERABHADRA RAO, S/O KRISHNA MURTHY, AGED ABOUT 48 YEARS, R/O D.NO.1-81, VEDURUPAVULURU VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT. 2. KOLUSU VENKATA MAHALAKSHMI, W/O VEERABHADRA RAO, AGED ABOUT 45 YEARS, R/O D.NO.1-81, VEDURUPAVULURU VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, GUDIVADA DIVISION, KRISHNA DISTRICT. 4. THE TAHSILDAR, GANNAVARAM MANDAL, KRISHNA DISTRICT. 5. MECHINENI HARIKRISHNA, S/O LATE SATYANARAYANA RAO, AGED ABOUT 52 YEARS, R/O D.NO. 1-176/6, MOHITH ARCADE, SRINAGAR COLONY GANNAVARAM, KRISHNA DISTRICT. 6. MECHINENI JITENDRA, S/O LATE SATYANARAYANA RAO, AGED ABOUT 51 YEARS, R/O D.NO. 1-176/6, MOHITH ARCADE, SRINAGAR COLONY GANNAVARAM, KRISHNA 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 the action of the Respondents in interfering with the Petitioners peaceful possession and enjoyment and attempting to dispossess them from their properties for an extent of Ac.1- 4014 cents, situated in Survey Nos.860/3 and 861, an extent of Ac.1-66 cents, out of which, Ac.1-34 cents, situated in Survey No.860 and Ac.0-32 cents, situated in Survey No.861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District without following due process of law at the behast of Respondents 5 and 6, is illegal, arbitrary, unjust and violative of fundamental rights guaranteed under Article 19, 21 and more particularly Article 300-A of Constitution of India and consequently direct the Respondents not to interfere with the Petitioners peaceful possession and enjoyment of their properties for an extent of Ac.1- 40y2 cents, situated in 4 Survey Nos.860/3 and 861, an extent of Ac.1-66 cents, out of which, Ac.1- 34 cents, situated in Survey No.860 and Ac.0-32 cents, situated in Survey No.861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District without following due process of law and pass IA NO: 1 OF 2024 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 4rt Respondent not to interfere with the Petitioners peaceful possession and enjoyment of their properties for an extent of Ac.1-40y2 cents, situated in Survey Nos.860/3 & 861, an extent of Ac. 1-66 cents, out of which, Ac. 1-66 cents, out of which, Ac. 1-34 cents, situated in Survey No.860 and Ac.0-32 cents, situated in Survey No.861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District without following due proces of law till disposal of the main writ petiton and pass IA NO: 2 OF 2024 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 vacate the Interim Order dt. 02.07.2024 passed in W.P. No. 13641 of 2024 and dismiss the Writ Petition in the interests of justice 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 vacate the interim orders dated 02.07.2024 in W.P.No. 13641 of 2024 and dismiss the Writ Petition and pass IA NO: 2 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 permit the petitioners to file hereto annexed documents as additional documents in lA No. 2 of 2024 in WP No. 13641 of 2024 in the interest of justice and pass Counsel for the Petitioner(S): 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 5 COMMON ORDER: W.P.No.12086 of 2024: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: <to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the inaction on the part of respondents on petitioners representation dated 05.01.2024 submitted for Removing Encroachments and Public Road of 36 Links Width through Survey Nos. 860 and 861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District for Restoration of Road Free from Encroachments for Passage Purpose of petitioners, by preventing the encroachments thereon, amounts to non- discharge of legal obligation conferred on respondents under the provisions of Andhra Pradesh Land Encroachment Act, 1905 and Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to remove encroachments on said passage Road and restore the road free for encroachments for passage purpose of the petitioners lands by removing said illegal encroachments from the Cart Track / Public Road covered by the said survey numbers and pass….= 2. Heard M/s. Nimmagadda Revathi, learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. W.P.No.13641 of 2024: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: <to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the Respondents in interfering with the 6 Petitioners peaceful possession and enjoyment and attempting to dispossess them from their properties for an extent of Ac.1-4014 cents, situated in Survey Nos.860/3 and 861, an extent of Ac.1- 66 cents, out of which, Ac.1-34 cents, situated in Survey No.860 and Ac.0-32 cents, situated in Survey No.861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District without following due process of law at the behest of Respondents 5 and 6, is illegal, arbitrary, unjust and violative of fundamental rights guaranteed under Article 19, 21 and more particularly Article 300-A of Constitution of India and consequently direct the Respondents not to interfere with the Petitioners peaceful possession and enjoyment of their properties for an extent of Ac.1- 40y2 cents, situated in Survey Nos.860/3 and 861, an extent of Ac.1-66 cents, out of which, Ac.1-34 cents, situated in Survey No.860 and Ac.0-32 cents, situated in Survey No.861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District without following due process of law and pass….= 4. Heard Mr.A.Syam Sundar Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 5. As the issue involved in both the Writ Petition is one and the same, for the sake of convenience, both the Writ Petitions are being disposed of with a common order. 6. Without going into the merits of the case, the controversy involved in both the Writ Petitions are with regard to survey and settlement of boundaries pertaining to the subject property. 7. Learned counsel for the petitioners in W.P.No.13641 of 2024 has stated that he has no objection if the survey is conducted in the entire land in Sy.Nos.860 and 861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District. 7 8. Learned counsel appearing for petitioners in W.P.No.12086 of 2024 has made her submissions that the petitioners in fact has made a representation for survey the entire land in survey numbers 860 and 861 of Vedurupavuluru Village, Gannavaram Mandal, Krishna District. 9. In the said circumstances, instead of keeping the Writ Petitions pending, with the consent of both parties, the respondents are directed to initiate proceedings under the provisions of Survey and Boundaries Act and issue notices to all concerned by fixing an appropriate date and time and after hearing objections and claims of both sides, the respondents may conduct survey and issue survey reports to the concerned. The said exercise shall be completed within two (02) months from the date of receipt of a copy of the order. 10. Accordingly, both the Writ Petitions are disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 19.11.2025 RD 8 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION Nos.12086 and 13641 OF 2024 19.11.2025 RD