APHC010657732025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. BACHU SAMUEL, S/o late Raghavulu, Aged about 49 years, R/o S.C. Colony, Throvagunta Village, Ongole Municipal Corporation, Prakasam District. 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Administration Department Secretariat, Velagapudi, Amaravati. 2. The District Collector, Prakasam District, Ongole. 3. The Superintendent of Police, Prakasam District, Ongole. 4. The Station House Officer, Ongole Town Police Station, Ongole. 5. The SubInspector of Police, Ongole Town Police Station, Ongole. 6. Sri Kandula Jaya Chandra, Syam Sundara Rao, Hindu, Coolie, aged about 56 years, R/o SC Colony, Throvagunta Village, Ongole. Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to allow the writ petition, issue a Writ of Mandamus IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33972 OF 2025 1. BACHU SAMUEL, S/o late Raghavulu, Aged about 49 years, R/o S.C. Colony, Throvagunta Village, Ongole Municipal Corporation, Prakasam ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Administration Department Secretariat, Velagapudi, Amaravati. 2. The District Collector, Prakasam District, Ongole. 3. The Superintendent of Police, Prakasam District, Ongole. 4. The Station House Officer, Ongole Town Police Station, Ongole. The SubInspector of Police, Ongole Town Police Station, Ongole. 6. Sri Kandula Jaya Chandra, Syam Sundara Rao, Hindu, Coolie, aged about 56 years, R/o SC Colony, Throvagunta Village, Ongole. ...Respondents 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 allow the writ petition, issue a Writ of Mandamus IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. BACHU SAMUEL, S/o late Raghavulu, Aged about 49 years, R/o S.C. Colony, Throvagunta Village, Ongole Municipal Corporation, Prakasam ...Petitioner 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal The SubInspector of Police, Ongole Town Police Station, Ongole. 6. Sri Kandula Jaya Chandra, Syam Sundara Rao, Hindu, Coolie, aged about ...Respondents of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to allow the writ petition, issue a Writ of Mandamus declaring the inaction, collusion and failure of Respondent Nos.2 to 5 in preventing the illegal encroachment of the public/right-of-way passage in Sy.No.376, S.C.Colony, Throvagunta Village, Ongole, as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and by directing the Respondent to not to interfere into the civil matter relating to right of easement freely accessible through the galli/passage 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 pleased to direct the respondents no.3 to take a serious action by conducting a detailed enquiry against the respondent no.4 and 5 for interfering into the civil matter relating to right of easement freely accessible through the galli/passage in Sy.No.376, S.C.Colony, Throvagunta Village, Ongole, and direct the respondents no. 4 and 5 to not to interfere in the civil matter Counsel for the Petitioner: GADDIGOPULA SRINIVAS Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33972 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to allow the writ petition, issue a Writ of Mandamus declaring the inaction, collusion and failure of Respondent Nos.2 to 5 in preventing the illegal encroachment of the public/right-of- way passage in Sy.No.376, S.C.Colony, Throvagunta Village, Ongole, as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and by directing the Respondent to not to interfere into the civil matter relating to right of easement freely accessible through the galli/passage and Pass ..…” 2. Heard Sri Gaddigopula Srinivas, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner submits that the petitioner has filed a civil suit on 24.11.2024 in O.S. No.680 of 2025 on the file of Junior Civil Judge (Junior Division) Ongole seeking declaration of their easementary rights. It is stated that since no interim order was granted and only urgent notice was ordered. In the meantime the unofficial respondents constructed a wall. 4. Learned Assistant Government Pleader submits that appropriate orders may be passed. 5. In the light of the submissions made, this Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedy before the Civil Court in O.S. No.680 of 2025, where the suit for declaration of easementary rights is presently pending. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, s hall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 05.12.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 69 WRIT PETITION NO:33972 OF 2025 Dated 05.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.33972 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 05.12.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV