APHC010571862023 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. ADURTHI NARASIMHA RAO, S/O.VENKATA RATNAM, AGED ABOUT 65 YEARS, CULTIVATION, SANTHI NAGAR, 2ND FLOOR, AVINASH ENCLAVE, NIDADAVOLU, WEST GODAVARI DISTRICT. 2. ADURTHI MALLIKARJUNA RAO,, S/O.VENKATA RATNAM, AGED ABOUT 63 YEARS, DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY PANCHAYATHRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, (P. BHIMAVARAM. 3. THE SUBCOLLECTOR, REVENUE DIVISIONAL OFFICE, NARASAPURAM, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, PODURU MANDAL, WEST GODAVARI DISTRICT. 5. THE SECRETARY, JINNURU GRAMA PANCHAYATHI, PODURU MANDAL, WEST GODAVARI DISTRICT. 6. TALABATHULA DURGA RAO, S/O.ESWAR LAL NEHRU, AGED ABOUT 38 YEARS, NEAR LIBRARY, JINNURU PODURU MANDAL, WEST GODAVARI DISTRICT. 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: 29577/2023 ADURTHI NARASIMHA RAO, S/O.VENKATA RATNAM, AGED ABOUT 65 YEARS, CULTIVATION, SANTHI NAGAR, 2ND FLOOR, AVINASH ENCLAVE, NIDADAVOLU, WEST GODAVARI DISTRICT. ADURTHI MALLIKARJUNA RAO,, S/O.VENKATA RATNAM, AGED ABOUT 63 YEARS, CULTIVATION, R/O. JINNUR, WEST GODAVARI ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY PANCHAYATHRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. THE DISTRICT COLLECTOR, (P.R.) WEST GODAVARI DISTRICT, THE SUBCOLLECTOR, REVENUE DIVISIONAL OFFICE, NARASAPURAM, WEST GODAVARI DISTRICT. THE TAHSILDAR, PODURU MANDAL, WEST GODAVARI DISTRICT. THE SECRETARY, JINNURU GRAMA PANCHAYATHI, PODURU GODAVARI DISTRICT. TALABATHULA DURGA RAO, S/O.ESWAR LAL NEHRU, AGED ABOUT 38 YEARS, NEAR LIBRARY, JINNURU PODURU MANDAL, WEST GODAVARI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ADURTHI NARASIMHA RAO, S/O.VENKATA RATNAM, AGED ABOUT 65 YEARS, CULTIVATION, SANTHI NAGAR, 2ND FLOOR, AVINASH ENCLAVE, NIDADAVOLU, WEST GODAVARI DISTRICT. ADURTHI MALLIKARJUNA RAO,, S/O.VENKATA RATNAM, AGED CULTIVATION, R/O. JINNUR, WEST GODAVARI ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY PANCHAYATHRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. R.) WEST GODAVARI DISTRICT, THE SUBCOLLECTOR, REVENUE DIVISIONAL OFFICE, THE TAHSILDAR, PODURU MANDAL, WEST GODAVARI DISTRICT. THE SECRETARY, JINNURU GRAMA PANCHAYATHI, PODURU TALABATHULA DURGA RAO, S/O.ESWAR LAL NEHRU, AGED ABOUT 38 YEARS, NEAR LIBRARY, JINNURU PODURU MANDAL, 7. TALABATHULA VEERA BHOGA VASANTHA RAO, S/O.VENKATA SATYANARAYANA MURTHY AGED ABOUT 65 YEARS, NEAR LIBRARY, JINNURU PODURU MANDAL, WEST GODAVARI DISTRICT. 8. TEKI SRINIVASA RAO, S/O.RAMA KRISHNA AGED ABOUT 40 YEARS, NEAR LIBRARY, JINNURU PODURU MANDAL, WEST GODAVARI 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 topleased to issue an Order or Direction more particularly one in the nature of mandamus by declaring the action of the Respondents in permitting unauthorized the Respondents 6 to 8 in occupying the Property vested in the Gram Panchayath, which is meant for public purpose and in not considering the complaint made by the Petitioners as illegal, high handed, arbitrary and un-lawful, IN CONSEQUENCE THERE OF direct the Respondent No.5 to remove the obstruction (cloth screen) installed in Survey No.243/4 of Jinnuru Village enabling the Petitioners and other passerby to use the way to their respective agricultural fields and direct the Respondents 1 to 5 to remove the un-authorized encroachments in Public Property in Survey No.243/4 of Jinnuru Village, Poduru Mandal, West Godavari District by restoring the property for public purpose and to pass 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 pleased to direct the Respondent No.3 to consider the representation, dated 26.06.2023 submitted by the 2nd Petitioner and pass appropriate orders thereon pending disposal of the above writ petition and to 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 pleased to grant permission to the respondent No.4 in WP.No.29577 of 2023 to file counter affidavit Counsel for the Petitioner(S): 1. S V R SUBRAHMANYAM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4. SARASCHANDRA BABU JAKKAMSETTY The Court made the following: ORDER This writ petition is filed questioning inaction of the official respondents in permitting respondent nos. 6 to 8 to occupy the property of Gram Panchayat and not clearing the encroachments despite complaint made by the petitioner. 2. Sri Y.Koteswara Rao, learned Standing Counsel, and Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj, submitted that pursuant to the complaint made by the petitioner, the panchayat officials visited the subject locality and found a green cloth erected around the panchayat land and the same was removed and as on today there are no encroachments on the panchayat land. 3. Sri S.V.R.Subramanyam, learned counsel for the petitioner, submitted that along with the panchayat land the unofficial respondent nos. 6 to 8 have also occupied the land of the petitioner in an extent of Ac.0-02 cents. 4. This Court while exercising extraordinary jurisdiction under Article 226 of the Constitution cannot entertain the civil disputes. The petitioner can approach competent civil Court to get grievance redressed. 5. In view of the above, in view of the submission made by learned Standing Counsel that there are no encroachments as on today and as the learned counsel for the petitioner did not raise any objection regarding the submission made by learned Standing Counsel, this writ petition can be closed. 6. Accordingly, the writ petition is closed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 3rd December, 2025. RR