Extracted from the PDF above. The PDF is authoritative.
APHC010113962018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.4953 OF 2018 Between: K.Pradeep Kumar Reddy, S/o.late K.Ramasubba Reddy, aged 30 years, Occ:Cultivation, R/o.Nagireddypalle, C.K.Dinne (M), YSR Kadapa District. ...Petitioner
AND
1. State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur, and others.
...Respondents Counsel for the Petitioner : Mr.Srinivasulu Kurra Counsel for the Respondents: G.P. for Revenue
The Court made the following ORDER:
The grievance of the petitioner in the present writ petition, in short, is that despite making representation dated 18.4.2017, no action has been taken by the respondents for removing encroachments in Survey No.140 and Gadidala Bata to reach the fields of Nagireddipalle, Boggalapalle and Rudrayyagaripalle Hamlets, and for a consequential direction to the respondents to remove the encroachments in the said survey number, by following due process of law.
2. Though the learned counsel for the petitioner sought to advance
arguments with reference to the averments made in the affidavit filed in
2
support of the writ petition, the matter need not be examined in detail, in view of the latest instructions dated 25.11.2025 furnished by the respondent No.3 for perusal of this Court. The relevant portion in the said instructions reads as follows:
It is respectfully submitted that, out of a total extent of Ac.2.27 cents in Sy. No.140 of Rudhraiahgaripalli Village, C.K. Dinne Mandal, an extent of Ac.1.29 cents has been encroached upon by the aforementioned individuals, while the remaining extent of Ac.0.98 cents is presently functioning as "Rastha" and is free from any encroachments. It is further submitted that, based on the report of the Village Surveyor, Buggalapalli Village, the encroachments shall be removed under the provisions of the Land Encroachment Act by strictly following the due process of law. 3. The action proposed by the respondent No.3 is also in tune with the directions of the Hon’ble Division Bench in Writ Petition (PIL) No.140 of 2022 & batch, dated 14.9.2022. The order of the Hon’ble Division Bench, which is relevant in the present context, reads as follows: (i) The executive authority, i.e., Panchayat Secretary, of the respective Gram Panchayats in the State shall identify the Gram Panchayat lands, which are unauthorizedly occupied/ encroached, and take steps for removal of such encroachments by issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers in terms of the procedure prescribed in Rules of 2011. This complete exercise shall be done within a period of six months from today. (ii) So far as the encroachments over the lands concerning the Municipalities/Forest Department/ Revenue Department are concerned, even if no separate Rules have been framed prescribing the procedure to be followed in the matter of removal of
3
encroachments over those lands, the officials of the concerned Departments, i.e., the Departments of Municipal Administration, Forest and Revenue, shall also undertake and complete the exercise of identification of unauthorized occupations/ encroachments over the lands belonging to their respective Departments, within a period of two months from today, and thereafter, take steps for removal of such encroachments by following the principles of natural justice, i.e., issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers, within a further period of four months. 4.
4. In the light of the above said directions, the respondent No.3 and also the concerned authorities are under obligation to comply with the same. 5. With the above observations, the writ petition is disposed of, providing that respondent Nos.2 and 3 shall ensure the removal of encroachments, as expeditiously as possible, in accordance with law. No
order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________ NINALA JAYASURYA,J November 25, 2025 vasu