APHC010479552025 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: 25222/2025 Between: 1. MYLABATTULA RAVI KUMAR, S/O SRIRAMULU AGED ABOUT 48 YEARS, OCC TEACHER (SCHOOL ASSISTANT) R/O 3-45/3, NEAR KULAICHERUVU, SARIPALLI VILLAGE NARSAPURAM MANDAL, WEST GODAVARI DISTRICT ANDHRA PRADESH - 534275 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY TO THE GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, ANDHRA PRADESH-522238 2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT ANDHRA PRADESH-522 238 3. THE DISTRICT COLLECTOR, COLLECTORATE, BHIMAVARAM WEST GODAVARI DISTRICT, ANDHRA PRADESH 4. THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM, WEST GODAVARI ANDHRA PRADESH 5. THE DIVISION LEVEL PANCHAYAT OFFICER, NARSAPURAM, WEST GODAVARI ANDHRA PRADESH 6. THE REVENUE DIVISIONAL OFFICER, NARSAPURAM, WEST GODAVARI DISTRICT ANDHRA PRADESH 7. THE MANDAL REVENUE OFFICER, O/O THE MANDAL PARISHAD, NARSAPURAM MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH 8. THE SARIPALLI GRAMA PANCHAYATH, SARIPALLI VILLAGE, NARSAPURAM MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH REP. BY ITS PANCHAYATH SECRETARY 9. JALLI SANTHAKUMARI, W/O JALLI GOGULU, R/O NEAR KULAICHERUVU, SARIPALLE VILLAGE, NARSAPURAM MANDAL, WEST GODAVARI DT. A.P. 10. JALLI LAKSHMIKANTHAM, W/O JALLI NAGESWARA RAO, R/O NEAR KULAICHERUVU, SARIPALLE VILLAGE, NARSAPURAM MANDAL, WEST GODAVARI DT. A.P. 11. JALLI PARVATHI, W/O JALLI SOMESWARA RAO R/O NEAR KULAICHERUVU, SARIPALLE VILLAGE, NARSAPURAM MANDAL, WEST GODAVARI DT. A.P. 12. MOKA RAJYALAKSHMI, W/O MOKA RAMBABU R/O NEAR KULAICHERUVU, SARIPALLE VILLAGE, NARSAPURAM MANDAL, WEST GODAVARI DT. A.P. 13. MYLABATTULA MERCY CHANDRA LEELA, W/O MYLABATTULA SAMPATHA RAO, R/O NEAR KULAICHERUVU, SARIPALLE VILLAGE, NARSAPURAM MANDAL, WEST GODAVARI DT. A.P. ...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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents, especially the 8th respondent in not removing the encroachment of Cart Track and Pathway occupied with illegal houses in Sy.No.48-3A of Saripalli village, Narsapuram Mandal i.e., Bandi Dari Poramboku, despite endorsement bearing Rc.No.12/2024(C), dated 03-07- 2025 issued by the 7th respondent, as arbitrary, illegal, unconstitutional, violative of governemnt orders issued in G.O.M.S.No.188, Panchayatraj 86 Rural Development (Pts.IV) Department, dated 21-07-2011,and violative of the well settled principles of natural jsustice, and consequentially direct the respondents, including the 8th respondent, to restore the Bandi Dari Poramboku admeasuring Ac 1.81 cents in Sy Sy.No.48-3A of Saripalli village, Narsapuram Mandal by removing the illegal encroachments of the respondents 9 to 13, and pass…” 2. Heard the learned counsel for the petitioner and the learned Standing counsel for the 8th respondent Gram Panchayat. 3. The learned counsel for the petitioner submits that the petitioner is working as a teacher in the 8th respondent Gram Panchayat, Saripalli Village, Narsapuram Mandal, West Godavari District. The petitioner’s father purchased an agricultural land by way of a registered sale deed, admeasuring to an extent of Ac.0.43 cents in Sy.Nos.118/1 and 118/2 of Saripalli Village, Narsapuram Mandal. After the death of his father, the petitioner inherited the subject land and he has been in peaceful possession and enjoyment of the subject land and the petitioner has access to the land through a notified cart track/pathway in Sy.No.48/3A of Saripalli Village. While so, the said notified pathway/cart track has been encroached by the unofficial respondents, who are also causing inconvenience to the petitioner and other villagers by discharging sewage and waste water through drainage into the agricultural land, thereby damaging and degrading the crops. For which, the petitioner made a representation to the 8th respondent Gram Panchayat. Considering the petitioner’s representation, the 7th respondent issued an endorsement dated 03.07.2025, wherein it is categorically stated that the land admeasuring to an extent of Ac.1.81 cents in Sy.No.48/3A is classified as “cart track/bandi dari poramboku,” which is community land and cannot be subjected to encroachment by any person, which is contrary to Sections 98 in the Andhra Pradesh Panchayat Raj Act, 1994. It is further submitted that the Gram Panchayat passed a Resolution No.10, dated 30.04.2025, specifically resolving not to regularize any encroachment on community land, particularly the land in Sy.No.48/3A of Saripalli Village, Narsapuram Mandal. However, even after the endorsement issued by the 7th respondent directing the 8th respondent Gram Panchayat, no action has been taken against the encroachers, which is contrary to law and also in violation of the Government orders issued in G.O.Ms.No.188, Panchayat Raj and Rural Development Department, dated 21.07.2011. Hence, the writ petition. 5. On the other hand, the learned Standing Counsel for the 8th respondent Gram Panchayat submits that it is an admitted fact that the land in Sy.No.48/3A, admeasuring to an extent of Ac.1.81 cents, is classified/subdivided as bundi dari/cart track is community land, which ought to be protected as required under Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994 as well as the Rules made under G.O.Ms.No.188, dated 21.07.2011. It is further submitted that in view of the endorsement dated 03.07.2025 issued by the 7th respondent confirming that the subject land is community land/bundidari/cart track pormboku, the 8th respondent is empowered to take steps against the encroachers in respect of the subject land by following due procedure as contemplated under law. 6. The 7th respondent has also furnished written instructions dated 18.09.2025, reiterating the facts stated in the endorsement issued by him on 03.07.2025. 7. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the 8th respondent, and on perusal of the material available on record, in view of the written instructions issued by the 7th respondent, due to the facts and circumstances as narrated above, it is an admitted fact that the subject land is classified as cart track/bandi dari poramboku, it is the duty of the 8th respondent Gram Panchayat to protect the subject land in accordance with Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994 as well as the Rules made under G.O.Ms.No.188, dated 21.07.2011. 8. In view of the statutory compliance required on the part of the respondent Nos.7 and 8, this Court is compelled to conclude that the grievance of the petitioner should be addressed by the 8th respondent. Accordingly, the 8th respondent Gram Panchayat is directed to take appropriate action after identifying the encroachments on the subject land, i.e., cart track/bundi dari poramboku in Sy.No.48/3A, admeasuring to an extent of Ac.1.81 cents, situated at Saripalli Village, by following due procedure as contemplated under law, with reference to Sections 96 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994. 9. 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 687 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25222 of 2025 19.09.2025 kkllkk