APHC010091402019 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION Between: 1. R LAXMI, R/O.BUDDAVARAM VILLAGE AND MANDAL. KRISHNA DISTRICT. 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM. 3. THE DISTRICT PANCHAYAT OFFICER, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 4. CAPITAL REGIONAL DEVELOPMENT AUTHORITY, REP.BY ITS COMMISSIONER VIJAYAWAD 5. THE DIVISIONAL PANCHAYAT OFFICER, NUZVID, KRISHNA DISTRICT. 6. BUDDAVARAM GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY BUDDAVARAM VILLAGE AND MANDAL, KRISHNA DISTRICT. 7. PATHIPATI BABU RAO S/O SAMUEL, R/O.4 VILLAGE AND MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4077/2019 R LAXMI, R/O.BUDDAVARAM VILLAGE AND MANDAL. KRISHNA ...PETITIONER AND THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, THE DISTRICT PANCHAYAT OFFICER, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. CAPITAL REGIONAL DEVELOPMENT AUTHORITY, REP.BY ITS COMMISSIONER VIJAYAWADA, KRISHNA DISTRICT. THE DIVISIONAL PANCHAYAT OFFICER, NUZVID, KRISHNA BUDDAVARAM GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY BUDDAVARAM VILLAGE AND MANDAL, KRISHNA PATHIPATI BABU RAO S/O SAMUEL, R/O.4-59/1, BUDDAVARAM VILLAGE AND MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3329] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA R LAXMI, R/O.BUDDAVARAM VILLAGE AND MANDAL. KRISHNA ...PETITIONER THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT GUNTUR DISTRICT THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, THE DISTRICT PANCHAYAT OFFICER, CHILAKALAPUDI, CAPITAL REGIONAL DEVELOPMENT AUTHORITY, REP.BY ITS THE DIVISIONAL PANCHAYAT OFFICER, NUZVID, KRISHNA BUDDAVARAM GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY BUDDAVARAM VILLAGE AND MANDAL, KRISHNA 59/1, BUDDAVARAM ...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 topleased to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of tie respondents to stop the illegal and unauthorized construction by the 7th respondent on the canal bed of Marlapalem Murugu Water Canal, Buddavaram, Krishna District as arbitrary, illegal and violative of provisions of A.P. Gram Panchayat Act and consequently direct the respondents to take action against the 7th respondent's construction forthwith and pass IA NO: 1 OF 2019 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 stop the unauthorized construction by the 7th respondent in RS No.2 of Water Bed of Marlapalem Murugu Water Canal, Buddavaram, Kris ma District pending disposal of the above writ petition 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 pleased to grant leave to the petitioner herein /respondent no.6 in WP.No.4077 of 2019 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SRINIVASU L 3. S PRANATHI 4. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.4077 OF 2019 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue a Writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the declaring the inaction of the respondents to stop the illegal and unauthorized construction by the 7th respondent on the canal bed of Marlapalem Murugu Water Canal, Buddavaram, Krishna District as arbitrary, illegal and violative of provisions of A.P.Gram Panchayat Act and consequently direct the respondents to take action against the 7th respondent’s construction forthwith and pass such other order or orders...” 2. Heard learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel appearing for the respondents. No representation for respondent No.7. 3. Learned counsel for the petitioner submits that petitioner is the permanent resident and also a member of respondent No.6 – Gram Panchayat. While So, respondent No.7 herein by encroaching the land of canal bed, which is an objectionable land and proceeding with the construction at D.No.6-165 in R.S.No.2, Buddavaram village, Krishna District is contrary to law. Hence the Writ Petition. 4. On the other hand, learned Standing Counsel submits that pursuant to the representation of the petitioner, respondent No.4 herein addressed a letter to respondent No.6 on 12.02.2024 directing respondent No.6 to initiate appropriate action in respect of the encroachments. After receipt of a letter dated 12.02.2024, respondent No.6-Gram Panchayat addressed a letter dated 16.02.2024 to the Tahsildar concerned for conducting survey and demarcation of the subject property and the same is pending for survey and demarcation. After conducting such survey and demarcation and basing upon the report of Tahsildar, if any encroachments are found, the respondent No.6 will proceed further, in accordance with law. 5. Considering the submissions of both the learned counsel and in view of letters addressed by respondent No.4 and respondent No.6, this Court is of the opinion that writ petition can be disposed of directing respondent No.6 to conduct joint survey and demarcation with the assistance of Tahsildar under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 within a period of six (06) weeks from the date of receipt of copy of this order. After conducting such survey if any encroachments are found, respondent Nos.4 & 6 shall proceed further in accordance with law. 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J Date:23.10.2025 AG 51 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.4077 OF 2019 Date:23.10.2025 AG