APHC010466042025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. KAITHEPALLI LJAK @ KAITHEPALLI PEDDA LJAK, S/O.KAITHEPALLI MIKHAYEL, AGED ABOUT 68 YEARS, R/O.D.NO.2-44, PEDAPALEM, ETIMOGA, T.KOTHAPALEM,KRISHNA DISTRICT - 521120, AADHAAR CARD NO.6605 6065 3004. 2. NALAKURTI RAJA BABU @ YOHAN ABOUT 68 YEARS, R/O.PEDAKAMMARAVIPALEM, NAGAYALANKA, BHAVADEVARAPALLE, ETIMOGA, KRISHNA DISTRICT AADHAAR CARD NO.2575 4506 1752. 3. SRI KOKILIGADDA PEDA NANCHARAIAH,, S/O.SUBBAIAH, AGED ABOUT 53 YEARS, R/O.D.NO.2 YETIMOGA POST, T KOTHAPALEM, KRISHNA DISTRICT AADHAAR CARD NO.2304 3302 3036. 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM. 3. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, MACHILIPATNAM. 4. THE DEPUTY EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION, GOVERNMENT OF ANDHRA PRADESH, PULLIGADDA, NAGAYALANKA MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23608/2025 KAITHEPALLI LJAK @ KAITHEPALLI PEDDA LJAK, S/O.KAITHEPALLI MIKHAYEL, AGED ABOUT 68 YEARS, 44, PEDAPALEM, ETIMOGA, T.KOTHAPALEM,KRISHNA 521120, AADHAAR CARD NO.6605 6065 3004. NALAKURTI RAJA BABU @ YOHAN,, S/O. VEER SWAMY, AGED ABOUT 68 YEARS, R/O.PEDAKAMMARAVIPALEM, NAGAYALANKA, BHAVADEVARAPALLE, ETIMOGA, KRISHNA DISTRICT AADHAAR CARD NO.2575 4506 1752. SRI KOKILIGADDA PEDA NANCHARAIAH,, S/O.SUBBAIAH, AGED ABOUT 53 YEARS, R/O.D.NO.2-140, VANTHENAVARI VEEDHI, YETIMOGA POST, T KOTHAPALEM, KRISHNA DISTRICT AADHAAR CARD NO.2304 3302 3036. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL T, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, MACHILIPATNAM. THE DEPUTY EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION, GOVERNMENT OF ANDHRA PRADESH, PULLIGADDA, NAGAYALANKA MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KAITHEPALLI LJAK @ KAITHEPALLI PEDDA LJAK, S/O.KAITHEPALLI MIKHAYEL, AGED ABOUT 68 YEARS, 44, PEDAPALEM, ETIMOGA, T.KOTHAPALEM,KRISHNA 521120, AADHAAR CARD NO.6605 6065 3004. ,, S/O. VEER SWAMY, AGED ABOUT 68 YEARS, R/O.PEDAKAMMARAVIPALEM, NAGAYALANKA, BHAVADEVARAPALLE, ETIMOGA, KRISHNA DISTRICT - 521120, SRI KOKILIGADDA PEDA NANCHARAIAH,, S/O.SUBBAIAH, AGED 40, VANTHENAVARI VEEDHI, YETIMOGA POST, T KOTHAPALEM, KRISHNA DISTRICT - 521120., ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL T, SECRETARIAT, VELAGAPUDI, AMARAVATI, THE DISTRICT COLLECTOR, KRISHNA DISTRICT, THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, THE DEPUTY EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION, GOVERNMENT OF ANDHRA PRADESH, PULLIGADDA, NAGAYALANKA MANDAL, KRISHNA DISTRICT. 2 RC,J W.P.No.23608 of 2025 5. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, NAGAYALANKA, KRISHNA DISTRICT. 6. THE MANDALA PARISHAD DEVELOPMENT OFFICER, NAGAYALANKA, KRISHNA DISTRICT. 7. THE EXTENSION OFFICER PR AND RD, MANDAL PRAJA PARISHAD, NAGAYALANKA, KRISHNA DISTRICT. 8. THE TAHSILDAR AND MANDAL EXECUTIVE MAGISTRATE, NAGAYALANKA MANDAL, NAGAYALANKA, KRISHNA DISTRICT. 9. THE PEDAPALEM GRAMPANCHYAT, REP. BY IT'S PANCHYAT SECRETARY, PEDAPALEM, NAGAYALANKA MANDAL KRISHNA DISTRICT. 10. THE STATION HOUSE OFFICER, NAGAYALANKA POLICE STATION, NAGAYALANKA, KRISHNA DISTRICT. ...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 one in the nature of Writ of MANDAMUS declaring the action of the Respondents in trying to remove the structures in R.S. No.651 and 543 of Pedapalem Village, Nagayalanka Mandal, Krishna District pending disposal of the representation dt.30-03-2025 filed before 3rd Respondent as per orders dt. 12-03-2025 in W.P. No.6085/2025 as arbitrary, illegal and violative of right to property guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents not to demolition / dispossession of the Petitioners from the subject land, 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 not to demolition/ dispossession of the Petitioners from the subject land in R.S. No.651 & 543 of Pedapalem Village, Nagayalanka Mandal, Krishna District, pending disposal of the above Writ Petition pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY 3 RC,J W.P.No.23608 of 2025 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 4 RC,J W.P.No.23608 of 2025 The Court made the following order: The grievance of the petitioners is that the respondents are trying to remove the structures in R.S.Nos.651 and 543 of Pedapalem Village, Nagayalanka Mandal, Krishna District, pending disposal of the representation dated 30.03.2025 filed before the 3rd respondent. 2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioners, Sri Bala Krishna, learned Assistant Government Pleader for Panchayat Raj, Ms. Shahini, learned Assistant Government Pleader for Home and Sri Y.Koteswara Rao, learned Standing Counsel representing the respondents. 3. While reiterating the contents of the affidavit, learned counsel for the petitioners submitted that the Gram Panchayat, despite submitting representation dated 30.03.2025, without considering the same, highhandedly, in a manner unknown to law, tried to dispossess the petitioners from the subject property. He further submitted that earlier another writ petition has been filed and the same was withdrawn. Subsequently, the present writ petition has been filed. This Court, by an order dated 04.09.2025 granted status quo. In the said facts and circumstances, if the authorities dispossess the petitioners from the subject property, it affects the rights of the petitioners. In fact, in the said representation given to the 3rd respondent, it is categorically stated that the notice issued by the Gram Panchayat is not valid in as much as it has no jurisdiction to issue such notice. Hence, prayed to pass appropriate orders in the interest of justice. 5 RC,J W.P.No.23608 of 2025 4. On the other hand, learned Standing Counsel and learned Assistant Government Pleader, in one voice, contended that the subject land is classified as (panta kaluva), which vests with the Gram Panchayat. The Irrigation department addressed a letter to the Gram Panchayat informing that certain encroachments took place and the Gram Panchayat has to take steps in that regard. Pursuantly, a survey has been conducted and a report was also obtained, identifying the encroachments and accordingly issued notice to the petitioners. The petitioners cannot find fault with the said notice, as the Gram Panchayat has the bounden duty to take steps in removing the encroachments by virtue of G.O.Ms.No.188 Panchayat Raj and Rural Development (Pts.IV) Department dated 21.07.2011. The writ petition is devoid of merit and it is liable to be dismissed. 5. Perused the record and considered the submissions made by both the learned counsel. 6. It is not in dispute that certain encroachments took place in the subject land and it is also not in dispute that the subject land is classified as (panta kaluva). By virtue of Section 80 of Andhra Pradesh Panchayat Raj Act, 1994 and G.O.Ms.No.188 Panchayat Raj and Rural Development (Pts.IV) Department dated 21.07.2011, the water courses mentioned therein falls within the jurisdiction of Gram Panchayat and by virtue of G.O.Ms.No.188, it is a bounden duty cast upon the Gram Panchayat to remove the encroachments by following Rule 4 of G.O.Ms.No.188 by giving proper notices and 6 RC,J W.P.No.23608 of 2025 opportunity of hearing to the encroachers. As contended by the learned Standing Counsel, the Irrigation Department informed the Gram Panchayat about the encroachments, pursuant to which a survey was conducted and notice was accordingly issued to all the encroachers. It is a well settled principle of law that even an encroacher is entitled for notice. 7. In view of the facts and circumstances and the reasons stated supra, this Court is inclined to dispose of the writ petition, without inviting counter, by passing the following order: “The concerned Gram Panchayat is directed to issue proper show cause notices to all the encroachers inviting explanation by giving sufficient time and also an opportunity of being heard and pass a reasoned order. If any encroachments are found, the Gram Panchayat shall take steps in accordance with law. Such exercise shall be completed within a period of three (3) months from date of receipt of a copy of this order. Till then, the Gram Panchayat is directed not to take any coercive steps with regard to the subject property.” 8. Accordingly, the Writ Petition is disposed of. 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 28.11.2025 MDP