APHC010071412024 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4026/2024 Between: 1. THOTAKURA RANGA RAJU, S/O. THOTAKURA SUBBA RAJU HINDU, MALE, CULTIVATION, R/O. DOOR NO. 1 PODURU MANDAL, WEST GODAVARI DISTRICT. 2. THOTAKURA VENKATA RAMESH RAJU, S/O. GANDHI RAJU, R/O. 1-10/1, RAVIPADU, PODURU MANDAL, 3. RAPAKA DHARMA RAO, S/O. RAPAKA MASKAR RAO, HINDU, MALE, 2-9, GALLA GUNTA,RAVIPADU, PODURU MANDAL, WEST GODAVARI DISTRICT. 4. RAPAKA SUDHAKAR,, HINDU,MALE, R/O. 2 RAVIPADU, PODURU MANDAL WEST GODAVARI. 5. DIDDE RAJA SEKHAR, D/O. DIDDE NAGESWARA RAO, HINDU, MALE, CULTIVATION R/O. 2 RAVIPADU,PODURU MANDAL, WEST GODAVARI. 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SEC 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4026/2024 THOTAKURA RANGA RAJU, S/O. THOTAKURA SUBBA RAJU HINDU, MALE, CULTIVATION, R/O. DOOR NO. 1-6, RAVIPADU, PODURU MANDAL, WEST GODAVARI DISTRICT. THOTAKURA VENKATA RAMESH RAJU, S/O. GANDHI RAJU, R/O. 10/1, RAVIPADU, PODURU MANDAL, WEST GODAVARI DIST. RAPAKA DHARMA RAO, S/O. RAPAKA MASKAR RAO, HINDU, 9, GALLA GUNTA,RAVIPADU, PODURU MANDAL, WEST GODAVARI DISTRICT. RAPAKA SUDHAKAR,, HINDU,MALE, R/O. 2-21, GALLAGUNTA, RAVIPADU, PODURU MANDAL WEST GODAVARI. DIDDE RAJA SEKHAR, D/O. DIDDE NAGESWARA RAO, HINDU, MALE, CULTIVATION R/O. 2-LL,GALLAGUNTA, RAVIPADU,PODURU MANDAL, WEST GODAVARI. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SEC RC,J W.P.No.4026 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI THOTAKURA RANGA RAJU, S/O. THOTAKURA SUBBA RAJU 6, RAVIPADU, THOTAKURA VENKATA RAMESH RAJU, S/O. GANDHI RAJU, R/O. WEST GODAVARI DIST. RAPAKA DHARMA RAO, S/O. RAPAKA MASKAR RAO, HINDU, 9, GALLA GUNTA,RAVIPADU, PODURU MANDAL, WEST 21, GALLAGUNTA, DIDDE RAJA SEKHAR, D/O. DIDDE NAGESWARA RAO, HINDU, LL,GALLAGUNTA, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT RC,J W.P.No.4026 of 2024 2 BUILDINGS, VELAGAPUDI. 2. THE DISTRICT COLLECTOR, ( PANCHYAT RAJ WING) WEST GODAVARI DISTRICT, BHIMAVARAM, 3. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM, 4. DISTRICT FOREST OFFICER, WEST GODAVARI DISTRICT, BHIMVARAM. 5. DESIGNATED OFFICER, UNDER WATER, LAND AND TREE AUTHORITY, OFFICE OF THE FOREST RANGE OFFICE, WEST GODAVARI DISTRICT, BHIMAVARAM. 6. THE SUBCOLLECTOR, SUB-COLLECTORS OFFICE, NARSAPURAM, WEST GODAVARI DISTRICT. 7. THE INSPECTOR OF SURVEY, SUB-COLLECTORS OFFICE COMPOUND NARSAPURAM, WEST GODAVARI DISTRICT. 8. THE DIVISIONAL LEVEL PANCHAYAT OFFICER, NARSAPURAM, WEST GODAVARI DISTRICT. 9. THE TAHSILDAR, PODUR MANDAL,PODUR MANDAL, WEST GODAVARI DISTRICT. 10. THE EXTENSION OFFICER, (PR AND RD) DEPARTMENT, PODURU, WEST GODAVARI DISTRICT. 11. VILLAGE REVENUE OFFICER, RAVIPADU, PODURU MANDAL, WEST GODAVARI DISTRICT. 12. THE PANCHAYAT SECRETARY, GRAM PANCHAYAT, RAVIPADU, PODURU MANDAL, WEST GODAVARI DISTRICT. 13. THE VILLAGE SURVEYOR, RAVIPADU VILLAGE VADDIPARRU SACHIVALAYAM, PODURU MANDAL WEST GODAVARI DISTRICT. RC,J W.P.No.4026 of 2024 3 ...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 tomay be pleased to issue writ or order more particulary one in the nautre of writ of mandamus declaring the letter dated 6-6-2023 of the 12th Respondent in closing the spandana complaint in pursuance of the representation dated 25-06-2021 submitted by the Petitioners on the ground that delay in getting permissions from 4 to 6 Respondents and 9th Respondent are illegal and arbitrary, consequently set aside the same and direct the respondents 2 to 8 to issue necessary permissions to cut and remove the 148 trees, to remove encroachments in and around the Panchayat Water tank in Sy.No.85/1 in an extent of Ac.1-57 cents of Ravipadu village, Poduru Mandal, West Godavari District by excavating Panchayat water tank for removal of encroachments and sedimentto by the respondent Nos. 11 to 13 under the supervision of 9th and 10 respondents by fixing the time to complete the work before summer season of the year 2024 and pass such IA NO: 1 OF 2024 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 Direct the Respondents Nos. 2 to 13 to take necessary action to cut and remove the 148 trees, remove encroachments and take necessary action pursuant to representation dated 25-05-2021 submitted by the of Petitioners within time fixed by this Honble Court pending disposal of the above writ petition and pass such Counsel for the Petitioner(S): 1. PECHATHY RANGA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV RC,J W.P.No.4026 of 2024 4 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: RC,J W.P.No.4026 of 2024 5 ORDER The writ petition is filed questioning the inaction of the respondent authorities in removing the encroachments in and around the Panchayat Water tank situated in Survey No.85/1, in an extent of Ac.1-57 cents of Ravipadu Village, Poduru Mandal, West Godavari District. 2. Heard Sri P.Ranga Rao, learned counsel for the petitioners and Sri Chandrasekhar, learned Assistant Government Pleader for Revenue. 3. The counter affidavit filed by respondent no.9-Tashildar shows that there are encroachments on the subject water tank as stated by the petitioners and since the tanks vest with Grampanchayat they have to safeguard the tank by taking necessary steps. 4. In view of the contents of the counter affidavit that there are encroachments on the subject water tank, the writ petition can be disposed of directing the concerned authorities to remove the encroachments. 5. Accordingly, the writ petition is disposed of, directing the authorities concerned to take steps for removal of encroachments by following the procedure contemplated under law, within three(03) months from the date of receipt of copy of the order. Since, the counter affidavit contents show that the encroachers are poor, the respondent authorities shall look into the aspect RC,J W.P.No.4026 of 2024 6 of allotting alternative house site as per entitlement. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI DATED 2ND DAY OF JANUARY, 2026. RR