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2025 DAILYLAW 7223 (AP)

SALAPU RAMU v. The State of Andhra Pradesh

WP(PIL)/34/2025 · 2025-02-19

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 34 OF 2025 Between: Salapu Ramu, S/o Simhachalam, Aged about 50 years, Occ: Cultivation, R/o.D.No 31-9-27, Bangaramma Metta, Allipuram Mandal, Visakhapatnam District. Andhra Pradesh. Adhar No.795673865973. Pan No.CYZPS9148C BANK A/c.No.861010510000651 Bank of India Visakhapatanam Main Branch, Visakhapatnam District e-mail ID No. ramusalaDu73@amail .com ... PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Chief Secretary, Revenue Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam District, Andhra Pradesh 3. The District Collector, AnakapalliDistrict, Andhra Pradesh (After Reorganisation of Districts) 4. The Tahsildar, Sabbavaram Mandal, AnakapalliDistrict,Andhra Pradesh. 5. The Panchayat Secretary, Gotiwada Village, SabbavaramMandai, AnakapalliDistrict, Andhra Pradesh. 6. The Sub Registrar, SRO, Sabbavaram Mandal, Anakapalli District, Andhra Pradesh. ...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 issue a Writ, Order or direction, more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ declaring the inaction on the part of the 3'^ respondent in initiating action against the perpetrators who are trying to encroach the tank commonly known as BanjaraKoneru, situated in an extent of Ac. 2.50 cents in R.S.No 13-1-a, Ac. 0.62 cents in R.S.No 13-1b, and Ac. 2.50 cents in R.S.No 13-1 A, totaling extent of Ac. 5.62. Classified as Koneru Zirayithi in the revenue records situated at Gotivada Village, Sabbavararn Mandal, Anakapalli District, Andhra Pradesh as being illegal, arbitrary and violative of Art. 19 and 300-A of the Constitution of India. lA 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 to direct the Respondent No.3 to take appropriate action against the encroachers in the land an extent of Ac. 2.50 cents in R.S.No 13-1-a, Ac. 0.62 cents in R.S.No 13-1b, and Ac. 2.50 cents in R.S.No 13-1A, totaling an extent of Ac. 5.62. Classified as "KoneruZirayithi" in the revenue records situated at gotivada village, Sabbavararn Mandal, Anakapalli District, Andhra Pradesh and pass appropriate orders pending disposal of the above writ petition (PIL) in the interest of justice. Counsel for the Petitioner: SRI TURAGA SAI SURYA Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI Y.KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.6: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER Bench Sr.No:-2 [3483] APHC010071322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 34 of 2025 ...Petitioner Salapu Ramu Vs. ...Respondents The State of Andhra Pradesh and others ********** Advocate for Petitioner Mr. Turaga Sai Surya GP for Revenue for R.1 to R.4 Mr. Y. Koteswara Rao (Standing Counsel) for R.5 GP for Registration and Stamps for Advocate(s) for Respondent(s): R.6 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 19*'’ February, 2025 DATE PC : The petitioner has highlighted the issue with regard to an alleged encroachment of water tank situate in Gotivada Village, Sabbavaram Mandal of Anakapalli District. It is stated that based upon the representation filed by the 2. villagers of Gotivada, the District Collector had instructed his field staff and the Mandal Surveyor to conduct a site visit, based upon which the alleged activity around the water tank was halted. 2 HCJ & RC, J WP(PIL)_34_2025 Be that as it may, we dispose of this petition with a direction to the District Collector, Anakapalli, to consider the representation filed by the villagers of Gotivada and in case there is any violation of the relevant rules and regulations then appropriate action be taken in that regard. No order as to costs. 3. Miscellaneous applications pending, if any, shall stand closed. Sd/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// ON OFFICER S To, 1. The Chief Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam District, Andhra Pradesh. 3. The District Collector, Anakapalli District, Andhra Pradesh (After Reorganisation of Districts) (BY RAPD) 4. The Tahsildar, Sabbavaram Mandal, AnakapalliDistrict,Andhra Pradesh. 5. The Panchayat Secretary, Gotiwada Village, SabbavaramMandai, AnakapalliDistrict, Andhra Pradesh. 6. The Sub Registrar, SRO, Sabbavaram Mandal, AnakapalliDistrict , Andhra Pradesh. 7. One CC to Sri Turaga Sai Surya, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri Y.Koteswara Rao, SC for ZPP, MPP & Gram Panchayat. [OPUC] 10. Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] Three CD Copies. 11. gi f HIGH COURT DATED; 19/02/2025 ORDER WP(PIL).No.34 of 2025 S 0 3 MAR 2025 a»• Cutrenl SMUon ^ &sapKfO.'^sr^‘ DISPOSING OF THE WP(PIL) WITHOUT COSTS