APHC010673902018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32674/2018 Between: 1. M.VENKATESWARLU,, S/O. SESHAIAH, AGE 67 YEARS, R/ O. KASUKARRU VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRL. SECRETARY, IRRIGATION DEPT., SECRETARIAT, AMARAVATHY, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR 3. THE TAHSILDAR, PONNUR, GUNTUR DISTRICT 4. THE ASST EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, PONNUR, GUNTUR DISTRICT 5. THE GRAM PANCHAYATH, REP. BY ITS SECRETARY KASUKARRU VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT 6. M SUBBARAO DIED, S/O. KOTESU, AGE 70 YEARS, R/O. KASUKARRU VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT 7. M HANUMANTHARAO S/O M SUBBARAO, AGE 50 YEARS, R/O KASUKARRU VILLAGE, PONNUR MANDAL, GUNTUR DISTRICT. R7 IS BROUGHT ON RECORD AS L.R TO THE DECEASED 6TH RESPONDENT AS PER THE ORDER OF THE COURT DATED 28.04.2025 VIDE ORDER PASSED IN I.A.NO.1 OF 2025. ...RESPONDENT(S): 2 VS,J W.P.No.32674 of 2018 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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents against proceedings in Rc. NO. 278/2018 dated 16-04-2018 against encroachment of PWD Canal poramboke property by the 6th respondent against the Government poramboke land in Survey No. 22 of Kasukarru village, Ponnur Mandal, Guntur District as illegal, arbitrary and violative of principles of natural justice and pass IA NO: 1 OF 2018 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 to take action in pursuance of the proceedings in Rc. NO. NO. 278/2018 dated 16-04-2018 against encroachment of PWD Canal poramboke property by the 6th respondent in Survey No. 22 of Kasukarru village, Ponnur Mandal, Guntur District pending disposal of the writ petition 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 permit the petitioner to bring 7th Respondent as legal heir to the 6th respondent died on 04-08-2019 in WP No. 32674 of 2018 and pass IA NO: 2 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 may be pleased to grant leave to the Petitioner/ respondent No.5 to file the counter affidavit and pass Counsel for the Petitioner: 1. THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. NASARAMMA DANADRAPATI 3 VS,J W.P.No.32674 of 2018 3. G SESHADRI 4. GP FOR IRRI AND CAD (AP) 5. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 VS,J W.P.No.32674 of 2018 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents against proceedings in Rc.No.278/2018 dated 16-04-2018 against encroachment of PWD Canal poramboke property by the 6th respondent against the Government poramboke land in Survey No.22 of Kasukarru village, Ponnur Mandal, Guntur District as illegal, arbitrary and violative of principles of natural justice.…” 2. The petitioner is the owner of a site to an extent of Ac.0-8 ½ cents in Sy.No.21/1 of Kasukarru Village, Ponnur Mandal, Guntur District, inherited from his forefathers. 3. The grievance of the petitioner is that the 6th respondent herein has encroached upon Sy.No.22 by occupying the road margin site by constructing a house, thereby obstructing the petitioner’s ingress and egress to his site. As such, the petitioner was constrained to submit a representation on 09.11.2016 to the 3rd respondent herein. In pursuance thereof, the 3rd respondent, vide Rc.No.278/2018, dated 16.04.2018, called for a report. Thereafter, a report was submitted by the 3rd respondent stating that the 6th respondent has encroached in Sy.No.22, which, as per the revenue records, is recorded in the RSR as PWD Canal Poramboke, which has been encroached by the 6th respondent herein by way of constructing a thatched house. Consequently, the 3rd respondent requested the Panchayat Secretary to remove the said encroachment made by the 6th respondent. However, as no further action has 5 VS,J W.P.No.32674 of 2018 been initiated by the concerned authorities, the petitioner has filed the present writ petition. 4. The respondent No.4 filed a counter affidavit, duly admitting the facts as stated by the petitioner and has further stated that a letter was addressed to the Tahsildar, Ponnuru, Ponnuru Mandal, dated 27.09.2018, to conduct survey pertaining to Sy.No.22 P.W.D. Poramboke i.e., department land, and fix the boundaries for eviction of encroachments. It is also stated that thereafter, the 4th respondent issued a notice on 26.07.2018 to the 6th respondent, directing him to vacate the encroached land, otherwise action would be taken in accordance with law, in pursuance of which, the 6th respondent has given a consent for removal of the encroachment. 5. Heard learned counsel for the petitioner and learned counsel appearing for respondents. 6. Today, when the matter came up for hearing, learned Assistant Government Pleader for Revenue has stated that the survey has been conducted on 08.07.2025, for which the petitioner has attended, however, the 6th respondent has not turned up for the survey. During the survey, it is found that the 6th respondent has encroached upon an extent of Ac.0.005 cents of PWD Canal Poramboke bund in Sy.No.22 of Kasukarru Village. It is further stated that, as per the instructions of the Deputy Inspector of Survey, again the Mandal Land Survey Officer, Ponnur Mandal and Village Surveyor, Kasukarru Village have prepared and furnished an FMB with marking the 6 VS,J W.P.No.32674 of 2018 encroachment extent as per ground reality and submitted the same, indicating that the 6th respondent has encroached upon an extent of Ac.0.005 cents in Sy.No.22 of Kasukarru, which is PWD Canal Poramboke. As such, requested this Court to dispose of the writ petition by giving liberty to the respondent authorities to proceed further in evicting the 6th respondent from the encroached land by following due process of law. 7. Accordingly, the Writ Petition is disposed of, directing the respondents to evict the 6th respondent in pursuance of the survey report dated 08.07.2025 by following due process of law. The said process shall be completed within a period of four (4) months from the date of receipt of a copy of this order. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 06.10.2025 KGR