APHC010495402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25286/2025 Between: 1. ALA SUBRAHMANYAM,, S/O NAGABHUSHANAM, AGE 48 YEARS AGRICULTURIST, R/O CHINAKAMANAPUDI, MUDINEPALLI MANDAL, ELURU DIST. 2. TALARI VENKATA PANDURANGARAO, , S/O SUBBARAO, AGE 64 YEARS, R/O CHINAKAMANAPUDI, MUDINEPALLI MANDAL, ELURU DIST. ...PETITIONER(S) AND 1. THE STATE OF A P, . REP BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. 3. THE DISTRICT PANCHAYAT OFFICER, ,ELURU, ELURU DISTRICT. 4. THE MANDAL PARISHATH DEVELOPMENT OFFICER, MUDINEPALLI MANDAL, MUDINEPALLI, ELURU DISTRICT. 5. THE CHINA KAMANAPUDI GRAMAPANCHAYAT, REP BY ITS SECRETARY CHINAKAMANAPUDI, MUDINEPALLI MANDAL, ELURU DIST. 6. THE TAHSILDAR, MUDINEPALLI MANDAL, MUDINEPALLI, ELURU DISTRICT. 7. THE STATION HOUSE OFFICER, MUDINEPALLI POLICE STATION, MUDINEPALLI, ELURU DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the 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 not taking action on the Representations of the petitioners dated 06.05.2022 . 15.09.2025 to the 2nd respondent (Dist. Collector, Eluru) and trying to convert the Mandabailu Govt.Land an extent of Ac. 0.62 cts in Survey No. 34/2 as fish tank , selling the mud in the same is land by the 5th respondent as illegal, arbitrary, contrary to law and violation of provisions of Article Constitution of India, violation of Principles of Natural Justice and further direct the Respondent Nos. 2, 3, 4,6 and 7 not to allow the 5th respondent to convert Village Common site known as Mandabailu an extent of Ac. 0.62 cts in Survey No. 34/2 in China Kamanapudi Village, Mudinepalli Mandal, Eluru District as fish tank and further direct the respondents to dispose of the Representations of the petitioners dated 6.5.2022 and 15.9.2025 forth with and pass….” 2. Heard the learned counsel for the petitioners and the learned Standing counsel for the 5th respondent Gram Panchayat. 3. The case of the petitioners is that the petitioners are permanent residents of the 5th respondent Gram Panchayat, China Kamanapudi Village, Mudinepalli Mandal, Eluru District. The 5th respondent Gram Panchayat herein is trying to convert the land admeasuring to an extent of Ac.0.62 cents in Sy.No.34/2 into a fish tank and selling the mud to other villagers. For which, the petitioners and some of the villagers submitted representations on 06.05.2022 and 15.09.2025 to the 2nd respondent/District Collector against the 5th respondent Gram Panchayat, requesting for protection of the community land in Sy.No.34/2. 4. The learned counsel for the petitioners submits that the land admeasuring to an extent of Ac.0.62 cents in Sy.No.34/2 is Government land, and therefore, no person has any authority or power to sell the mud there from or to convert the nature of the said community land of the village. He further submits that, even after receipt of the representations of the petitioners dated 06.05.2022 and 15.09.2025, the 2nd respondent/District Collector neither considered nor taken any action against the 5th respondent Gram Panchayat, as mandated under G.O.Ms. No.188, Panchayat Raj and Rural Development (Rules Relating to Andhra Pradesh Gram Panchayat Protection of Property) Rules, 2011. Hence, the present writ petition. 5. On the other hand, the learned Standing Counsel for the 5th respondent Gram Panchayat furnished written instructions dated 19.09.2025, stating that the land in Sy.No.34/2, admeasuring to an extent of Ac.0.62 cents, is classified as Government poramboku land, which has been occupied by the petitioners and converted into a fish tank. It is further submitted that the land in Sy.No.34/1, admeasuring to an extent of Ac.2.35 cents, is also classified as village cheruvu/tank, which is vested with the 5th respondent Gram Panchayat. It is stated that certain encroachers have extended their occupation by removing the bunds of the said tank. The Gram Panchayat has passed a resolution for protecting the Government land in Sy. Nos.34/1 and 34/2 by removing the encroachments, after conducting survey and demarcation, and by laying bunds around the tank to safeguard it, in compliance with Sections 55, 56, and 58 of the Andhra Pradesh Panchayat Raj Act, 1994. 6. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the 5th respondent Gram Panchayat, and on perusal of the material available on record, in view of the written instructions of the 5th respondent Gram Panchayat dated 19.09.2025, it is indisputable and admitted fact that the land in Sy.Nos.34/1 and 34/2 was classified as tank poramboku land. As per Sections 55, 56, and 58 of the Andhra Pradesh Panchayat Raj Act, 1994, the 5th respondent Gram Panchayat is vested with the subject community land. On perusal of Sections 55, 56, and 58 of the Andhra Pradesh Panchayat Raj Act, 1994, the 5th respondent Gram Panchayat is conferred with the authority to protect the Government Poramboku lands vested within its jurisdiction by removing encroachments, if any, including the petitioners, if they have encroached over the subject land. For the removal of such encroachments, the Gram Panchayat is directed to conduct a survey and demarcation with the help of the Mandal Surveyor, by following the due procedure as contemplated under the provisions of the Andhra Pradesh Land Encroachment Act, 1905 and Survey and Boundaries Act, 1923. After conducting the survey and demarcation, the 5th respondent Gram Panchayat shall proceed to remove the encroachments by following due procedure as contemplated under law, by observing the principles of natural justice and complete the entire exercise as early as possible, in any event not later than within a period of six (06) months thereafter. 7. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 19.09.2025 kkllkk 685 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25286 of 2025 19.09.2025 kkllkk