APHC010024492019 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX [3459] PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.1129 OF 2019 Between: 1. S.MARUTHI CHARY, S.MARUTHI CHARY, S/O. VENKATA SUBBARAO, GOVINDAPURAM, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. 2. S.VIGNESWARA CHARY, S/O. NAGA BHUSHANA CHARY, GOVINDAPURAM, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. 3. V.SUBBARAO, S/O. MANIBHUSHANA CHARY, GOVINDAPURAM, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. 4. M.VENKAIAH, S/O. BASAVA NAGESWARARAO, GOVINDAPURAM, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. 5. P.VENKATESWARLU, S/O. ANJANEYULU, GOVINDAPURAM, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. 6. M.SURA RAMAIAH, S/O. KOTESWARARAO, GOVINDAPURAM, CHILAKALURIPET MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 3. THE TAHSILDAR, MANDAL REVENUE OFFICE, 2 CHILAKALURIPET, GUNTUR DISTRICT. 4. N. SAMBASIVARAO, S/O VENKAIAH, AGE 65 YEARS, R/O KOMATINENI VARI PALEM VILLAGE CHILAKALURIPET MANDAL GUNTUR DISTRICT. 5. THE GOVINDAPURAM GRAM PANCHAYAT, REP BY ITS SECRETARY, GOVINDAPURAM, CHILAKALURIPET, PALNADU DISTRICT. R5 IS IMPLEADED AS PER THE COURT ORDER DATED.25.01.2023 VIDE IN IA NO.2 OF 2023. ...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 to issue writ order or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents against encroachment to an extent of Ac. 1-01 cents in RSR No. 642 situated at Govindapuram village, Chilakaluripet mandal, Guntur District earmarked for Burial Ground without issuing any notice as illegal, arbitrary and violative principles of natural justice in pursuance of representation dated 11-05-2018. 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 take action by evicting the encroachers to an extent of Ac. 1-01 cents in RSR No. 642 situated at Govindapuram village, Chilakaluripet mandal, Guntur District earmarked for burial ground pending disposal of the writ petition. 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 to grant leave to the petitioner herein/Respondent No.3 in the Writ Petition No. 1129 of 2019 to file the counter affidavit in the above Writ Petition. 3 IA NO: 2 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 to permit the petitioners to implead the Gram Panchayath as respondent No.6 in the above writ petition. IA NO: 3 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 to grant leave to the petitioner/5th respondent to file counter in WP No. 1129 of 2021 in the interest of justice. Counsel for the Petitioner(S): 1. THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT The Court made the following 4 ORDER: Heard the arguments of learned counsel for the petitioners, learned counsel for the un-official respondent and learned Assistant Government Pleader for Revenue. 2. Learned Assistant Government Pleader for Revenue submits that pursuant to the notice issued by the 3rd respondent – Tahsildar, both the petitioner and the 4th respondent have appeared before the Tahsildar on 23.07.2019. It is further submitted that during the hearing, the 4th respondent agreed to give an extent of Ac.0.30 cents in Survey No.642 of Govindapuram Village of Chilakaluripet Mandal to the Viswa Brahmin people of Komatinenivaripalem, H/o.Govindapuram Village for the purpose of burial ground. The learned counsel for the petitioners has not disputed the said submission and has requested to record the same and close the Writ Petition. 3. In view of the submissions made by learned counsel for both sides agreeing to the disposal of the Writ Petition in terms of the understanding reached before the 3rd respondent, this Court finds it appropriate to close the Writ Petition. 4. Accordingly, the Writ Petition is closed recording the statement that the 4th respondent has agreed to provide an extent of Ac.0.30 cents in Survey No.642 of Govindapuram Village of Chilakaluripet Mandal to the Viswa Brahmin people of 5 Komatinenivaripalem, H/o.Govindapuram Village for the burial ground. No order as to costs. 5. Consequently, Miscellaneous Applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date:02.03.2026 DSH