APHC010506852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 26896/2025 Between: 1. JAMPANA KONDALA RAO, S/O. VENKAIAH,. AGED ABOUT 59 YEARS, OCC- BUSINESS, R/O. D.N0.7-1/B1/F4, B-BLOCK APARTMENT, SOWBHAGYA NAGAR COLONY, VUYYURU TOWN, KRISHNA DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, AMARAVATHI AT VEIAGAPUDI, GUNTUR DISTRICT. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, APIIC BUILDINGS, AUTONAGAR, MANGALAGIRI, GUNTUR DISTRIC 3. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT. 4. REVENUE DIVISIONAL OFFICER, VUYYURU DIVISION, VUYYURU, KRISHNA DISTRICT, ANDHRA PRADESH 5. THE TAHSILDAR, VUYYURU, VUYYURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 6. THE EXECUTIVE ENGINEER, THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, DRINAGE DIVISON, GUDIVADA, KRISHNA DISTRICT. 2 7. THE COMMISSIONER, VUYYURU MUNICIPALITY, VUYYURU KRISHNA DISTRICT, ANDHRA PRADESH. 8. DIRECTOR GENERAL, VIGILANCE AND ENFORCEMENT, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. ...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 to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents in not initiating legal action to evict the encroachersfrom the lands which are classified as a) Murugu Kalava (extent Ac. 1.42 cents in RS. No.650), and b) Common Site (extent Ac.0.25 cents in RS. No.667-1 B), totaling to Ac.1.67 cents of Vuyyuru Town, Krishna District in pursuant to the report in Rc.A.58/2025, dated 19.02.2025 submitted by the 5th respondent Tahsiidar as illegal, arbitrary and violation of Articles 14 of the Constitution of India and pass IA 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 grant interim direction directing the respondent to take steps to protect public property by putting the subject lands in an extent of Ac. 1.42 cents in Sy.No.650 and Ac.0.25 cents in Sy.No.667-1B of Vuyyuru Town, Krishna District, in the prohibitory properties list, pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1. B V ANJANEYULU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR IRRI AND CAD 4. GP FOR GENERAL ADMINISTRATION 5. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the Respondents in not initiating legal action to evict the encroachers from the lands which are classified as a) Murugu Kalava (extent Ac. 1.42 cents in RS. No.650), and b) Common Site (extent Ac.0.25 cents in RS. No.667-1 B), totaling to Ac.1.67 cents of Vuyyuru Town, Krishna District in pursuant to the report in Rc.A.58/2025, dated 19.02.2025 submitted by the 5th respondent Tahsiidar as illegal, arbitrary and violation of Articles 14 of the Constitution of India and pass or orders….” 2. Heard Sri B.V.Anjaneyulu, learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. The grievance of the petitioner in this Writ Petition is that even after submitting report, the respondents have not taken any action to evict the encroachers from the lands which are classified as a) Murugu Kalava (extent Ac. 1.42 cents in RS. No.650), and b) Common Site (extent Ac.0.25 cents in RS. No.667-1 B), totaling to Ac.1.67 cents of Vuyyuru Town, Krishna District in pursuant to the report in Rc.A.58/2025, dated 19.02.2025. Hence the Writ Petition. 4. Learned counsel for the petitioner has placed reliance on the report submitted by the Tahsildar, Vuyyuru dated 19.02.2025 to the District Collector, Krishna, Machilipatnam with regard to 4 encroachments made by third parties in RS.No.650 of Vuyyuru which is classified as Murugu Kalava. 5. Though time is granted, the respondents have not placed any proper instructions with regard to removal of the encroachments. 6. In view of the same, the District Collector, Machilipatnam, Krishna District i.e. respondent no.4 is directed to look into the matter and take appropriate action by giving direction to the concerned authorities, within a period of two (02) months from the date of receipt of a copy of the order. 7. Accordingly, the writ petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 04.11.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.26896 OF 2025 04.11.2025 RD