APHC010037452015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3206] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 23865/2015 Between: 1. AKKIREDDY RAMACHANDRA RAO S/O YARAIAH,, R/O PALTERU VILLAGE, PAYAKARAOPET MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, LOWER TANK BUND, HYDERABAD. 2. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT, PALTERU VILLAGE, VISAKHAPATNAM DISTRICT. 3. THE DIVISIONAL PANCHAYAT OFFICER, NARSIPATNAM, VISAKHAPATNAM DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, VISAKHAPATNAM DISTRICT. 5. THE SARPANCH PALTERU, VILLAGE, PAYAKARAOPET MANDAL, VISAKHAPATNAM 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 toto issue an appropriate writ or direction, more particularly a Writ in the nature of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner's land to the 2 RRR, J W.P.No.23865 of 2015 extent of 20 cents in Sy.No.155/6 of Palteru Village, Payakaraopet Mandal, Visakhapatnam District as illegal, arbitrary and unconstitutional and consequently direct the respondents to remove the notice board erected in the schedule property IA NO: 1 OF 2015(WPMP 30939 OF 2015 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 issue interim directions to the respondents not to interfere with the peaceful possession and enjoyment of the petitioner's land to the extent of 20 cents in Sy.No.155/6 of Palteru Village, Payakaraopet Mandal, Visakhapatnam District pending disposal of above writ petition Counsel for the Petitioner: 1. P L NARASIMHA RAO Counsel for the Respondent(S): 1. A S C BOSE 2. GP FOR PANCHAYAT RAJ & RURAL DEV (AP) 3 RRR, J W.P.No.23865 of 2015 The Court made the following order: Heard Sri P. L. Narasimha Rao, learned counsel for the petitioner. No appearance for the learned Government Pleader for Panchayat Raj and no appearance for the learned counsel appearing for the respondents. 2. The petitioner has approached this Court with the contention that his peaceful possession over Ac.0.20 cents of land in Sy.No.155/6 of Palteru Village, Payakaraopet Mandal, Visakhapatnam District, is being disturbed by the official respondents though he is the owner and possessor of the said land. The petitioner contended that the respondents are seeking to create false cases against the petitioner by claiming that he has tried to encroach into the land which does not belong to him and that the land in question, is actually situated in Sy.No.137 of the said village. 3. The 2nd respondent, in his counter affidavit, contends that the petitioner has occupied the land in Sy.No.137 to an extent of Ac.0.87 cents and is seeking to protect this encroachment by claiming that the said land is actually in Sy.No.155/6. It is further stated that a survey was sought for ascertaining the boundaries of the land and for ascertaining the location of the land on which the respondents were seeking to contend that the State is the owner of the said land. 4. In view of the rival submissions, it would be appropriate to dispose of the Writ Petition, with a direction to respondents 2 to 4 to get a survey conducted by the Mandal Surveyor, after due notice and opportunity 4 RRR, J W.P.No.23865 of 2015 being given to the petitioner. This survey shall be conducted for the purposes of delineating the boundaries in Sy.No.155/6 and Sy.No.137. Needless to say, the petitioner, upon notice being given, can be personally present at the time and place where survey is being conducted, or depute an authorised person to be present on his behalf. 5. After such survey being conducted, the petitioner would be entitled to protect his possession if he is found that the land being claimed appears to be under Sy.No.155/6. In the event of any land being found in the possession of the petitioner in Sy.No.137, it would be open to the respondents to take an appropriate action for recovery of possession from the petitioner. 6. Till such exercise is completed, status quo, existing as on today, shall be maintained by both parties. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ________________________ R. RAGHUNANDAN RAO, J 14.08.2025 MJA 5 RRR, J W.P.No.23865 of 2015 220 HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION NO: 23865 of 2015 14.08.2025 MJA