V Jf I 1 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11837 DF 2025 Between: Sudikonda Upendra Kumar, S/o Eswara Rao, Aged about 30 Years Pvt Employee, R/o 1-134, B/C Colony, Yendada Village. Visakhapatnam District, Andhra Pradesh-530045. , Occ; ...PETITIONER AND 1. The State of Andhra Pradesh, rep. By its Principal Secretary, Revenue Department, Andhra Pradesh Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Visakhapatnam District. Andhra Pradesh. 3. The Tahsildar, Visakhapatnam Rural Mandal, Visakhapatnam District, Andhra Pradesh. 4. Pinnaka Hah Krishna Kishore, R/o D.No3-246, 7*^ Lane, Adarsha Nagar, Old Dailry Farm, Visakhapatnam, Visakhapatnam District, Andhra Pradesh-530040. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more particularly nature of Writ of Mandamus declaring the action of the respondents in not taking any action on petitioner representation dated removing encroachment and demolition of unauthorized construction of may one in the 18.11.2024 for compound wall in Survey No.7/8, Yendada Village, Visakhapatnam, Visakhapatnam District, Andhra Pradesh an extent of 101 square yards cents constructed by Respondent No.4 illegally by encroaching into the poramboku land owned by us as illegal, irregular, arbitrary and violative of provisions of relevant laws and offends Art 14 and 21 of Constitution of India and Consequently direct the Respondents 2 to 3 to remove the encroachment and to demolish the unauthorized construction of compound wall in Survey No.7/8, Yendada Village, Visakhapatnam, Visakhapatnam District, Andhra Pradesh an extent of 101 square yards constructed by Respondent No.4 illegally by encroaching into the poramboku land. lA 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 direct the Respondents 2 to 3 to consider the representation of the petitioner dated 18.11.2025 in accordance with law pending disposal of the main writ petition. Counsel for the Petitioner: SRI VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4:-- The Court made the following: ORDER APHC010220282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0M0 [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11837/2025 Between: ...PETITIONER Sudikonda Upendra Kumar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11837/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking any action on petitioner representation dated 18.11.2024 for removing encroachment and demolition of unauthorized construction of compound wall in Survey No. 7/8, Yendada Village, Visakhapatnam, Visakhapatnam District, Andhra Pradesh an extent of 101 square yards constructed by Respondent No. 4 illegally by encroaching into the poramboku land owned by us as illegal, irregula,r arbitrary and violative of provisions of relevant laws and offends Art 14 and 21 of Constitution of India and Consequently direct the Respondent Nos. 2 to 3 to remove the encroachment and to demolish the unauthorized construction of compound wall In Survey No.7/8 Yendada Village, Visakhapatnam, Visakhapatnam District, Andhra Pradesh an extent of 101 square yards constructed by Respondent No 4. illegally by encroaching into the poramboku land and pass such other order or orders....” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the 3. respondents to consider and dispose of the submitted by the petitioner. representation 18.11.2024 4. On the other hand, learned Government Pleader for Revenue furnished written instructions dated 05,05.2025 issued by respondent No.3, wherein operative portion is extracted hereunder: , the ‘'4s per the Revenue Records, the land in Sy.No.7/3 of Yendada Village is admeasuring an extent of Ac. 1.77cents stands classified as "Inam Dry - Chakali Service" It is submitted that, the petitioner herein has filed a complaint before this respondent duly stating that, the unofficial respondent herein has encroached the land in S.No.8 of Yendada Village, Visakhapatnam Rural Mandal. Basing on the said representation / complaint and during the regular inspection, it w/as noticed that, the Pinnaka Harikrishna Kishore and Pinnaka Sobha encroached the Government land to Rani have an extent of 100 Sq.Yds in S.No.8 of Yendada Village. As per the revenue records, the land in Sy.No.8 of Yendada village stands classified as "Poramboke - Ammavari Gudf an extent of Ac.0.94cts and vests with Government. Accordingly, notice under 7 under AP Land Encroachment Act, 1905 have been issued on 23.01.2025 to the above encroachers from this office. measuring In turn. the encroachers have submitted their explanation and the same is under consideration and appropriate orders will be passed under section 6 of APLE Act, examining the written explanation /documents adduced by the applicant / office records & other corroborative evidences. written 1905 duly '»e> In this connection, it is submitted that, as stated by the petitioner that this respondent is not taken any action representation DT: 18.11.2024 are not at all true. ’’ Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents perusal of the written instructions furnished by respondent No.3, it is observed that the representation submitted by the petitioner is under consideration with the respondent authorities and appropriate orders would be passed within a reasonable time. on the 5. and on 6. In view of the above, the present writ petition is disposed of, directing the respondents to consider and dispose of the 18.11.2024 submitted by the petitioner, after providing opportunity of hearing to all the parties concerned, within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs. representation dated Consequently, Miscellaneous Petitions, if petition shall stand closed. any, pending in the writ SD/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Andhra Pradesh Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The District Collector, Visakhapatnam District, Andhra Pradesh. The Tahsildar, Visakhapatnam Rural Mandal, Visakhapatnam District, Andhra Pradesh. One CC to Sri Venkata Mohan Rao Pathakota, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. ssb HIGH COURT DATED:06/05/2025 ORDER WP.No.11837 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS