IN THE HIGH COURT OF ANDHRA PRADESH:;AMARAVATJ (Special Original Jurisdiction) MONDAY. THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable SRI JUSTICE T.C. WRIT PETITION NO: 5351 OF 9noA D.SEKHAR^ Between: 2-13TDevlnatan^da''vLge° Kumool ...Petitioner AND 1. The State of Andhra Pradesh. Reo bv Prin^inoi De^nment, Secretariat Buildings, Amaravaf'vJatap^dYSr 2. The Collector and District Magistrate, Kurnool 3. The Revenue Divisional Officer, Pattlk^a, 4. The Tahsildar, Kurnool ManSal, Kurnool r D°X?, W/o. Chinna Parfdappa Pattikonda Mandal, Kurnool District, AP District, Kurnool, AP Kurnool District, AP District, AP R/o. Devanabanda Vdlage, ...Respondents Petition under Article 2^of the the circumstances stated i be pleased to issue a writ, order, or direction nature of a writ of mandamus Constitution of India praying that in in the affidavit filed therewith, the High Court may more particularly one in the declaring the action of the respondents, more particularly the action of 4th the encroachments made by the 5th No. 77/1 of Devanabanda Village illegal, arbitrary arrd unjust and consequently direct the respondents to protect the Tank Bed Land in Sy No. 77/1, Devanabanda Pattikonda Mandal, Kurnool District for Public respondent in not taking steps to remove respondent in Tank Bed Land in Sy of Pattikonda Mandal, Kurnool District is Village of purpose• lA 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 restrain the 5th respondent in making illegal constructions in Tank Bed Land in Sy No. 77/1 of Devanabanda Village of Pattikonda Mandal, Kurnool District, pending disposal of the above writ petition Vx-' Counsel for the Petitioner: M/S. KAVITHA GOTTIPATI ^ Counsel for the Respondents No.1 to 4: GP FOR REVENUE (AP) The Court made the following: Order ■ i APHC010101492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 5351/2024 Between: Potlapati Gandhi Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KAVITHA GOTTIPATI Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.PASALAPONNA RAO The Court made the following order: The petitioner claims that, he is the native of Devanabanda Village, Pathikonda Mandal, Kurnool District. It is his further case that land admeasuring an extent of Ac.13.15 cents in Sy.No.71/1 is originally classified as water spread area (neetimunaka) in resettlement survey record. It is further case of the petitioner that, the 5*^ respondent encroached the land in Sy.No.77/1 which is classified as water spread area and started construction of a residential house. It is also stated that, without verifying the ground reality, the 4*^ respondent issued possession certificate in favor of the respondent. Taking advantage of the said possession certificate, the 5**^ respondent started making construction over the land in dispute. It is further averred in the affidavit that, the 5*^ respondent filed a writ petition vide WP No.28627/2017, on the ground that the possession certificate issued in her favor was cancelled and this Court by order dated 28.08.2017, suspended the proceedings in RCA.No.740/2017 dated 16.08.2017, issued by the 4*^ respondent whereunder, the possession certificate issued in favor of the 5^^ respondent cancelled. In the said order it is made clear by this Court that, the interim order passed therein will not preclude the competent was 3 authority in taking appropriate action i further case of the petitioner informed the 4^^ undertaken by the 5*^ the same, there in the matter as per law. It is that, he along with the villagers respondent about the illegal construction respondent over the subject land. Despite aggrieved by the same, the was no action, present writ petition is filed. 2. While issuing notice, this Court on 22.03.2024, directed the respondents to take steps in accordance with law, If unauthorized constructions any are made by the 5*^ respondent contrary to law in the subject land i.e., Ac. 13.55 cents i land to an extent of in Sy.No.77/ 1 of Devanabanda Village of Pattikonda Mandal, Kurnool District. 3. On the other hand Pleader for Revenue would submit initiated against the 5*'’ Per contra, the the learned Assistant Government that, appropriate action will be respondent in due course. 4. counsel for 5*^ respondent would submit in the subject land would further submit that, there is that, there is no Illegal construction undertaken i as alleged by the petitioner. He no cause of action for filing the dismiss the same. present writ petition and prayed to 4 5. Taking into consideration of the submissions made by the counsel, it is appropriate to dispose of the present writ petition by directing the 4*^ respondent to take action against the 5 respondent as per law, if it is found that she encroached over the th subject land in Sy.No.77/1, which is classified as water spread area (neetimunaka). It is needless to mention before taking any action in the matter, the 4^^ respondent is directed to issue notice to all the parties and pass appropriate orders thereon. With the above direction^ the writ petition is disposed of 4. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICEk To, 1. The Principal Secretary, State of Andhra Pradesh, Re\/errue Department, Secretariat Buildings, Amaravati, Velagapudi, Guntur District. The Collector and District Magistrate, Kurnod District, Kurnool, AP The Revenue Divisional Officer, Pattikonda, Kurnool District, AP 4. The Tahsildar, Kurnool Mandal, Kurnool District, AP ' 5. One CC to M/S. KAVITHA GbfTJPATI Advocate [OPUC] ^ [OUrj"^^ REVENUE (AP), High Court of Andhra Pradesh 7. Three CD Copies 2. 3. V.. '•" gsg i HIGH COURT DATED: 05/05/2025 ORDER WP.No.5351 of 2024 2 9 JUL 2025 ^^vQijrrentSectjopX^^ Co * DISPOSING THE WP WITHOUT COSTS