APHC010185252023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9529/2023 Between: 1. SINGAVARAPU LAKSHMI NARAYANA, S/O. TRINADHA RAO, AGE 34 YEARS, OCC. PRIVATE EMPLOY, R/ O. 2 PULLA VILLAGE, BHIMADOLU MANDAL, ELURU DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ELURU, ELURU DISTRICT 4. THE DISTRICT PANCHAYAT OFFICER, ELURU, ELURU 5. THE MANDAL REVENUE OFFICER, BHIMADOLU, ELURU DISTRICT 6. THE PULLA GRAM PANCHAYAT, REP. BY ITS SECRETARY, ELURU, ELURU DISTRICT 7. THE STATION HOUSE OFFICER, BHIMADOLU, ELURU DISTRICT 8. METTA RAMBABU, S/O. LATE KUMARA SWAMY, AGE OCC . MASON R/O. PULLA VILLAGE MANDAL, ELURU DISTRICT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9529/2023 SINGAVARAPU LAKSHMI NARAYANA, S/O. TRINADHA RAO, AGE 34 YEARS, OCC. PRIVATE EMPLOY, R/ O. 2-71/3, RC COLONY, PULLA VILLAGE, BHIMADOLU MANDAL, ELURU DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT. THE REVENUE DIVISIONAL OFFICER, ELURU, ELURU DISTRICT THE DISTRICT PANCHAYAT OFFICER, ELURU, ELURU THE MANDAL REVENUE OFFICER, BHIMADOLU, ELURU DISTRICT THE PULLA GRAM PANCHAYAT, REP. BY ITS SECRETARY, ELURU, ELURU DISTRICT THE STATION HOUSE OFFICER, BHIMADOLU, ELURU DISTRICT METTA RAMBABU, S/O. LATE KUMARA SWAMY, AGE OCC . MASON R/O. PULLA VILLAGE - 534401, BHIMADOLU MANDAL, ELURU DISTRICT ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY, THE EIGHTH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SINGAVARAPU LAKSHMI NARAYANA, S/O. TRINADHA RAO, AGE 71/3, RC COLONY, PULLA VILLAGE, BHIMADOLU MANDAL, ELURU DISTRICT ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT. THE REVENUE DIVISIONAL OFFICER, ELURU, ELURU DISTRICT THE DISTRICT PANCHAYAT OFFICER, ELURU, ELURU DISTRICT THE MANDAL REVENUE OFFICER, BHIMADOLU, ELURU DISTRICT THE PULLA GRAM PANCHAYAT, REP. BY ITS SECRETARY, THE STATION HOUSE OFFICER, BHIMADOLU, ELURU DISTRICT METTA RAMBABU, S/O. LATE KUMARA SWAMY, AGE 55 YEARS, 534401, BHIMADOLU ...RESPONDENT(S): 2 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 an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 7 in not taking action for removing the encroachment / illegal construction made by the 8th respondent on the land situated in Sy. No. 406-a, c/1 and 410-1 of Pulla Village, Bhimadolu Mandal, Eluru District, classified as Kaluva, Gramakantam and pathway respectively by considering the petitioner and villagers representation dated 25.02.2023 as bad, illegal, arbitrary, violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 7 to forthwith remove the encroachment / illegal construction on the above land and 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 to direct the respondents 2 to 7 to consider the petitioner and villagers representations dated 25-02-2023 and pass such Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. Y V ANIL KUMAR 4. GP FOR PANCHAYAT RAJ RURAL DEV 5. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3 The Court made the following order: The grievance of the petitioner is that despite the submission of representation by him along with the other villagers, dated 25.02.2023, respondent Nos.2 to 7 have not taken any action for removing the encroachments/illegal constructions made by respondent No.8 on the land situated in survey No.406-a, C/1 and 410-1 of Pulla Village, Bhimadolu Mandal, Eluru District classified as Kaluva, Gramakantam and pathway respectively. 2. Heard Sri D.V.Sasidhar, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, Sri Y.Koteswararao, learned standing counsel for Gram Panchayat. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner along with the other villagers have submitted a representation dated 25.02.2023 to the official respondents informing about the illegal encroachments/illegal constructions made by respondent No.8, however, no action has been taken by the official respondents and the unofficial respondent is proceeding with the illegal construction. Hence, prayed to pass appropriate orders in that regard. 4. On the other hand, learned Assistant Government Pleader for Revenue, while reiterating the contents of the counter affidavit of respondent No.5, contended that the unofficial respondent did not encroach any land in R.S.No.406-a Kaluva, R.S.No.406-c1 Gramakantham and R.S.No.410/1 4 Kaluva land. The entire house of the unofficial respondent exists in R.S.No.417-5, which is classified as Gramakantham, and within the same place since 30 years. Due to the torrential rains, the ceiling of the house has severely damaged, hence he extended the walls and built concrete ceiling on same building, but not extend the boundaries and not encroached any land. Hence, prayed to dismiss the Writ Petition. 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. Non-removal of encroachments made by the unofficial respondent in the kaluva and Gramakantam lands by the official respondents is the grievance. The contention of learned Assistant Government Pleader for Revenue is that the unofficial respondent has not encroached the subject property. 7. Taking the submissions of learned counsel for the parties into consideration and in view of the fact that there are no encroachments in the subject property, nothing remains for further adjudication in this matter. Hence, the Writ Petition is liable to be closed. 8. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 08.12.2025 MP 5 327 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.9529 of 2023 08.12.2025 MP