APHC010133082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7375/2026 Between: 1. ANDEY PARVATHI JAGADEESWARI, W/O. NARASIMHA RAO, AGED 61 YEARS, OCC AGRICULTURE, R/O. H.NO. 3-41/2, ALLAM VARIMERAKA, KUMMARAPURUGU PALEM, MOGALTURMANDAL, WEST GODAVARI DISTRICT. - 534280 2. ANDEY PEDDIBABU,, S/O. VENKATA RATNAM, AGED 53 YEARS, OCC AGRICULTURE, R/O. H.NO. 3-42, ALLAM VARI MERAKA, KUMMARAPURUGU PALEM, MOGALTUR MANDAL, WEST GODAVARI DISTRICT. - 534280 3. ANDEY RADHA KRISHNA,, S/O. VENKATA RATNAM, AGED 58 YEARS, OCC AGRICULTURE, R/O. H.NO. 3-42, ALLAM VARI MERAKA, KUMMARAPURUGU PALEM, MOGALTUR MANDAL, WEST GODAVARI DISTRICT. - 534280 4. EVANA VENKATA RAO,, S/O. SATYAM, AGED 71 YEARS, OCC AGRICULTURE, R/O. H.NO. 2-196, ALLAM VARI MERAKA, KUMMARAPURUGU PALEM, MOGALTUR MANDAL, WEST GODAVARI DISTRICT. - 534280 5. ALLAM SATYANARAYANA,, S/O. NARASIMHA MURTHY, AGED 66 YEARS, OCC AGRICULTURE, R/O. H.NO. 3-5/1, ALLAM VARI MERAKA, KUMMARAPURUGU PALEM, MOGALTUR MANDAL, WEST GODAVARI DISTRICT. - 534280 ...PETITIONER(S) AND 2 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. - 522238 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. - 522501 3. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. - 534201 4. DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM. - 534201 5. TAHSILDAR MOGALTUR MANDAL, WEST GODAVARI DISTRICT. - 534281 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, (MPDO) MOGALTUR MANDAL, WEST GODAVARI DISTRICT. - 534281 7. DEPUTY MANDAL PARISHAD DEVELOPMENT OFFICER, (EXTENSION OFFICER PR AND RD) MOGALTUR MANDAL, WEST GODAVARI DISTRICT. - 534281 8. THE KUMMARAPURUGUPALEM SOUTH GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, KUMMARAPURUGUPALEM SOUTH VILLAGE, MOGALTUR MANDAL, WEST GODAVARI DISTRICT. - 534280 9. THE DISTRICT MEDICAL AND HEALTH OFFICER, DEPARTMENT OF MEDICAL AND HEALTH, WEST GODAVARI DISTRICT, BHIMAVARAM. - 534201 10. AP POLLUTION CONTROL BOARD, REPRESENTED BY ITS MEMBER SECRETARY VIJAYAWADA. - 520007 ...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 a Writ, One in the nature of a Writ of MANDAMUS or any other appropriate Writ, declaring the action of the respondents 5 to 8 in initiating steps to form dumping yard in Cart Track land (Bandi Dhari) in Sy.No. 383 to an extent of Ac.0-92 cents situated at Kummarapurugupalem 3 Village, Mogaltur Mandal, West Godavari District is illegal, arbitrary, unconstitutional and violative of Art 14 and 21 of Constitution of India and consequently declare that dumping yard cannot be formed in Cart Track land (Bandi Dhari) for common purpose and also abutting to residential locality and pass IA NO: 1 OF 2026 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 stop the construction activities of dumping yard in Cart Track land (Bandi Dhari) in Sy.No. 383 to an extent of Ac.0-92 cents situated at Kummarapurugupalem Village, Mogaltur Mandal, West Godavari District or use the same as dumping yard and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR MEDICAL HEALTH FW The Court made the following order: Heard Sri Rambabu Koppineedi, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 4, Ms. Usha, learned Assistant Government Pleader for Revenue for the 5th respondent, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 6 to 8, Sri Somaraju, learned Assistant Government Pleader Medical, Health and Family Welfare for the 9th respondent and Sri B.Venkata Rama Rao, learned counsel for the 10th respondent. 4 2. The petitioners, residents of Kummarapurugupalem Village, Mogaltur Mandal, filed the above writ petition to declare the action of the respondents 5 to 8 in initiating steps to form a dumping yard in the Cart Track land (Bandi Dhari) in Sy.No.383, to an extent of Ac.0.92 cents of the same village, as illegal and arbitrary. 3. Learned counsel for the petitioners would submit that the petitioners are farmers and have lands near to Sy.No.383, which is classified as a Cart Track. The respondents 5 to 8 are attempting to establish a dumping yard in the said land, without following due procedure. 4. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 6 to 8, on instructions, would submit that there is no proposal from the Gram Panchayat to convert the land in Sy.No.383 to an extent of Ac.0.92 cents, Cart Track as a dumping yard. In fact, Smt. A.Parvathi, Smt. Jagadeeswari and others occupied Ac.0.92 cents in Sy.No.383 and have been conducting fishing activities, thereby restraining the local authorities from taking further action and that the writ petitions are being filed. 5. Ms. Usha, learned Assistant Government Pleader for Revenue, submitted the instructions of the Tahsildar - 5th respondent and would contend that the Tahsildar has no statutory role in the establishment or approval of the dumping yards. The establishment of dumping yards is governed by the Solid 5 Waste Management Rules, 2016, and falls within the jurisdiction of the Gram Panchayat. 6. Thus, as seen from the pleadings in the instructions, there is no proposal to convert the land in Sy.No.383 of an extent of Ac.0.92 cents in Kummarapurugupalem Village, Mogaltur Mandal, as dumping yard. The same is recorded. 7. Given the facts and circumstances of the case, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, directing the respondents 6 to 8 not to covert the land in Sy.No.383 of an extent of Ac.0.92 cents in Kummarapurugupalem Village, Mogaltur Mandal, into a dumping yard without following due process. However, it is made clear that this order will not preclude the authorities from evicting the encroachers from the land in Sy.No.383 of an extent of Ac.0.92 cents in Kummarapurugupalem Village, Mogaltur Mandal, in accordance with the law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 30.03.2026 SNI 6 117 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7375 OF 2026 Date: 30.03.2026 SNI