APHC010041082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2226/2025 Between: 1. LADE GOVINDARAJULU, S/O L. DASARADHA RAO, AGED. 75 YEARS, OCC. CULTIVATION, R/O DOOR NO. 2-135, PEDDAPALLI PETA VILLAGE, KALINGAPATNAM PANCHAYAT, GARA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS. PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. PANCHAYAT SECRETARY, KALINGAPATNAM GRAM PANCHAYAT, GARA MANDAL, SRIKAKULAM DISTRICT. 3. DISTRICT COLLECTOR, , SRIKAKULAM DISTRICT. 4. REVENUE DIVISIONAL OFFICER, SRIKAKULAM DIVISION, SRIKAKULAM DISTRICT. 5. TAHSILDAR, GARA MANDAL, SRIKAKULAM DISTRICT 6. SUPERINTENDING ENGINEER, ROADS AND BUILDINGS DEPARTMENT, SRIKAKULAM, NEAR DOUGLAS SCHOOL SRIKAKULAM DISTRICT - 532001. 7. ASSISTANT ENGINEER, ROADS AND BUILDINGS DEPARTMENT, GARA, GARA MANDAL, SRIKAKULAM DISTRICT - 532405. 2 SRS, J W.P.No.2226 of 2025, dated 03.03.2026 8. KILUGU SRIDHAR REDDY, S/O LATE LACHIMNAIDU AGED. 52 YEARS, OCC. MPTC MEMBER, 9. KILUGU VINODH, S/O SURYANARAYANA, AGED. 24 YEARS, OCC. CULTIVATION, 10. KILUGU DILEEP KUMAR, S/O SRINIVASA RAO, AGED. 19 YEARS, OCC. CULTIVATION, 11. KILUGU RAJU, S/O RAMULU, AGED. 45 YEARS, OCC. CULTIVATION, 12. KILUGU KRISHNA, S/O RAMUDU, AGED. 46 YEARS, OCC. CULTIVATION, 13. NETHANTI RAJASEKHAR, S/O ASIRINAIDU, AGED. 23 YEARS, OCC. CULTIVATION, 14. BUCHA SANKAR, S/O SRINIVASA RAO, AGED. 28 YEARS, OCC. CULTIVATION, 15. KILUGU RAYYAMMA, S/O VENKATARAMANA AGED. 43 YEARS, OCC. CULTIVATION, RESPONDENTS 8 TO 15 ARE THE R/O THANSAHIPETA VILLAGE, CALIGNAPATNAM POST, GARA MANDAL, SRIKAKULAM DISTRIC ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents 2 to 7 on petitioner's representation dt. 11-12-2024 submitted to remove the encroachments undertaken by the respondents 8 to 15 i.e illegal installation of Budda statue and concrete sitting chair in some portion in R and B road margin in Survey No. 15 and in some portion in Survey No. 16-1 which is classified as 'water channel' as the said encroachments are situated in front of petitioner's main gate in his agriculture land admeasuring Ac.0.36 cents in Survey No. 16-2 situated in Kalingapatnam Village of Gara Mandal in Srikakulam District by strictly implementing the judgment dt. 14-09-2022 in WP (PIL).No.140 of 2022 and batch passed by the Hon'ble High Court of Andhra Pradesh, also the judgment in 'Jagpal Singh Vs State of Punjab' of Hon'ble Supreme Court of India and G.O.Ms.No.188, dt. 21.07.2011 issued by Government of Andhra Pradesh, as illegal, irregular, irrational, violative of 3 SRS, J W.P.No.2226 of 2025, dated 03.03.2026 provisions of Andhra Pradesh Water, Land and Trees Act, 2002 Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 7 to remove the encroachments made by the respondents 8 to 15 on the lands covered by Survey No. 15 and 16-1 which is classified as R and B Road and Water Channel situated in Kalingapatnam Village of Gara Mandal in Srikakulam District 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 2 to 7 to consider the representation dt. 11- 12- 2024 submitted by the petitioner to remove the encroachments undertaken by the respondents 8 to 15 i.e illegal installation of Budda statue and concrete sitting chair in some portion in R & B road margin in Survey No. 15 and in some portion in Survey No. 16-1 which is classified as >water channel? as the said encroachments are situated in front of petitioner?s main gate in his agriculture land admeasuring Ac.0.36 cents in Survey No. 16-2 situated in Kalingapatnam Village of Gara Mandal in Srikakulam District by strictly implementing the. judgment dt. 14-09-2022 in WP (PIL).No.140 of 2022 and batch passed by the Hon?ble High Court of Andhra Pradesh, also the judgment in <Jagpal Singh Vs State of Punjab= of Hon?ble Supreme Court of India and G.O.Ms.No.188, dt. 21.07.2011 issued by Government of Andhra Pradesh forthwith, pending disposal of the main writ petition 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 Respondent No.4 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla Koteswara Rao, Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 4 SRS, J W.P.No.2226 of 2025, dated 03.03.2026 3. MOHAMMAD NAYAB RASOOL The Court made the following: Order: Heard Sri Srinivas Ambati, learned counsel for the petitioner; Sri P. Rajesh, learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for respondent No.1; Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat appearing for respondent No.2; Smt. P. Usha, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.3 to 5; Sri Mohammed Rasheed, learned Assistant Government Pleader for Roads and Buildings, appearing for respondent Nos. 6 and 7; and Sri Mohammad Nayab Rasool, learned counsel for respondent Nos.8 to 15. 2. The present writ petition is filed by the petitioner seeking to declare the inaction of respondent Nos. 2 to 7 in removing the Buddha statue installed in front of his site in Survey Nos.15 and 16-1 (R & B road margin and Water Channel) as illegal and arbitrary. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner of Ac.0.36 cents in Survey No.16-2 situated in Kalingapatnam Village, Gara Mandal, Srikakulam District. The said property is the ancestral property of the petitioner. The 5th respondent updated the Record of Rights and issued the Pattadar Passbook and Title Deed vide Ex.P4 and Ex.P5. 5 SRS, J W.P.No.2226 of 2025, dated 03.03.2026 4. Adjacent to the petitioner?s land, on the northern side, an R & B black-top road leading from Gara to Kalingapatnam village in Survey No.15 exists, and land in Survey No.16-1, which is classified as a water channel, situated in Kalingapatnam Village of Gara Mandal in Srikakulam District. 5. The petitioner constructed a compound wall and erected an iron gate. On the left-side margin of the petitioner?s land, a bus shelter was constructed on the R & B road margin in Survey No.15 and on some portion of land in Survey No.16-1 (Water Channel). 6. Be that as it may, respondent Nos.9 to 15, without any permission from the competent authority, encroached upon some portion of land in Survey No.15 and some portion in Survey No.16-1, and erected a Buddha statue in front of the petitioner?s iron gate, thereby blocking the passage. Respondent No.8 has been instrumental in getting the said statue erected by respondent Nos.9 to 15. 7. The petitioner made a representation in the public grievance cell to the District Collector, Srikakulam, on 12.08.2024. The receipt thereof is filed as Ex.P3. However, respondent Nos.2 to 7 failed to remove the statue. 8. A counter-affidavit was filed by the 2nd respondent. It was contended, inter alia, that after receiving the representation (Ex.P3), the authorities visited the schedule property along with the Village Revenue Officer and Village Surveyor and observed that a Buddha statue and concrete tables were 6 SRS, J W.P.No.2226 of 2025, dated 03.03.2026 erected in Survey Nos.15 and 16-1. The 2nd respondent addressed a letter dated 01.02.2025 to the 5th respondent directing a survey, and that the 5th respondent conducted the survey and submitted a report dated 12.02.2025 stating that the petitioner had also encroached upon Survey No.16-1 and that respondent Nos.8 to 15 made illegal constructions in Survey No.15. The 2nd respondent issued notices dated 28.02.2025 to respondent Nos.8 to 15 to remove the Buddha statue erected in Survey No.15. Copies of the notices issued to respondent Nos.8 to 15 are annexed to the counter-affidavit. It is also stated that the 2nd respondent will issue notice to the petitioner for the removal of the encroachment in Survey No.16-1. 9. Respondent No.5 filed a separate counter-affidavit. It was contended, inter alia, that the petitioner encroached upon the water channel and constructed a compound wall. Five other persons also encroached upon the land and made constructions. Respondent Nos.8 to 15 encroached upon the R & B road margin and erected a Buddha statue. All the encroachments are mentioned in paragraph 6 of the counter-affidavit, and it is stated that necessary action will be initiated in accordance with the law. 10. Respondent No.7 filed a separate counter-affidavit referring to the Tahsildar?s report as mentioned in the counter-affidavit filed by respondent No.5. 11. Respondent Nos.8 to 15 filed a separate counter-affidavit. It was contended, inter alia, that respondent No.8 had made a complaint against the 7 SRS, J W.P.No.2226 of 2025, dated 03.03.2026 petitioner regarding encroachment of irrigation land and construction of the compound wall. They contended that the petitioner erected the iron gate after the Buddha statue had been erected. 12. The learned counsel for the petitioner and the learned counsel appearing for the respondents reiterate the contentions as set out in the writ petition and the respective counter-affidavits. 13. The Government of Andhra Pradesh issued G.O.Ms.No.188, Panchayat Raj and Rural Development (Pts.IV) Department, dated 21.07.2011, the Andhra Pradesh Gram Panchayat (Protection of Property) Rules. Rule 4 of the said Rules prescribes the procedure for the eviction of encroachments. 14. In the present case, as seen from the pleadings, there is no dispute that the petitioner owns an extent of Ac.0.36 cents in Survey No.16-2 of Kalingapatnam Village. On the Northern side of the petitioner?s land, a black top R & B road exists, and on the Eastern side, a water channel exists. As seen from the notices issued by the 2nd respondent to respondent Nos.8 to 15, a Buddha statue was erected in Survey No.15 (R & B road margin) and in Survey No.16-1 (water channel). The notices further indicate that the authority will initiate necessary action in accordance with the provisions of the Andhra Pradesh Gram Panchayat (Protection of Property) Rules, 1994. 15. Since the Buddha statue was admittedly erected without permission and is located on the road margin in Survey No.15 as well as in the water channel in Survey No.16-1 of Kalingapatnam Gram Panchayat, and as notices have 8 SRS, J W.P.No.2226 of 2025, dated 03.03.2026 already been issued, respondent Nos.2 to 5 shall ensure removal of the said Buddha statue by adhering to the Rules. Further, respondent Nos. 2 to 4 shall also ensure removal of the encroachments mentioned in paragraph 6 of the counter-affidavit filed by respondent No.5, by following due procedure, as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of this order. 16. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI 3rd March, 2026 cbn/jlsr 9 SRS, J W.P.No.2226 of 2025, dated 03.03.2026 220 THE HON?BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.2226 of 2025 3rd March, 2026 cbn/jlsr