APHC010142152019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6471/2019 Between: 1. G PENCHALAIAH, S/O NARAYANA AGED ABOUT 25 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 2. S. KISHORE, S/O KRISHNAIAH, AGED ABOUT 27 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 3. V.NARASAIAH, S/O PENCHALAIAH, AGED ABOUT 31 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 4. S.CHANDRAIAH, S/O CHINNA NARAIAH, AGED ABOUT 52 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 5. S.CHALAPATHI, S/O CHINNA NARAIAH, AGED ABOUT 46 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 6. S.THIRUPALU, S/O NARAIAH, AGED ABOUT 53 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 7. S.SANTHAMMA, W/O NARAIAH, AGED ABOUT 43 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 8. S. C.CHALAPATHI, S/O NARASAIAH, AGED ABOUT 43 YEARS, 2 OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 9. J.SANKARAIAH, S/O LATE GANGAIAH AGED ABOUT 38 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 10. G.VENKATAIAH, S/O VENKATA SUBBAIAH, AGED ABOUT 41 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 11. PERURU SANKARAIAH, S/O VENKATAIAH, AGED ABOUT 42 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 12. T.SRINIVASULU, S/O CHINNAIAH, AGED ABOUT 44 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 13. T.NARAYANA, S/O VENKATAIAH AGED ABOUT 38 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 14. P.SANKARAIAH, S/O SUBBAIAH AGED ABOUT 55 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT 15. V. PENCHALAIAH, S/O YANADI AGED ABOUT 68 YEARS, OCC. AGRICULTURISTS, AND RESIDENTS OF C.M.RACHAPALLI (VIL), CHITVEL MANDAL, Y.S.R.KADAPA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY IT'S PRINCIPAL SECRETARY. REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA, Y.S.R.KADAPA DISTRICT. 3. THE TAHSILDAR, CHITVEL MANDAL, CHITVEL, Y.S.R.KADAPA DISTRICT. 3 4. THE DISTRICT PANCHAYAT OFFICER, KADAPA, Y.S.R.KADAPA DISTRICT. 5. THE GRAM PANCHAYAT OF C M RACHAPALLI, REP, BY ITS PANCHAYAT SECRETARY, C.M.RACHAPALLI (VIL), CHITVELMANDAL, Y.S.R.KADAPA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. CH C KRISHNA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 3. MATTEGUNTA.SUDHIR,STANDING COUNSEL FOR Z.P.PS,M.P.PS,GRAM PANCHAYATS 4 The Court made the following ORDER: The Writ Petition has been filed for the removal of huts erected by Ponthagiri Srinivasulu, Penchala Harikrishna, Penchala Venkata Ramaiah, Muthyam Pullaiah, and others on land described as Survey No.879/4, measuring 0.95 cents, in C.M. Rachapalli Village, Chitvel Mandal, Y.S.R. Kadapa District, and for the initiation of appropriate action against the encroachers. 2. The petitioners contend that they are using the land as a cattle shed and as a site for funeral processions, and that the respondents have failed to respond to the representation dated 25.04.2019. 3. The learned Assistant Government Pleader and the learned Standing Counsel have presented to the Court written instructions dated 22.03.2026, asserting that the encroachment at Sy.No.879/4, measuring 0.95 cents, is classified as assessed waste land and is under the custody of the Revenue Department. They further submit that the petitioners have not made any representations to the authorities for the removal of the encroachers and that they have filed the present writ petition and prayed for dismissal of the case. 4. Having heard the learned counsel and perused the material papers, a clear look at the representation shows that it was contrived for the purpose of the case, and therefore, this Court is not inclined to direct the respondents to pass orders on the same. 5 5. In view of the foregoing, the writ petition is dismissed. However, the order of dismissal shall not prevent or preclude the petitioners from submitting fresh representations to ventilate their grievances. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 31.03.2026 KNN 6 335 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6471/2019 Dated: 31.03.2026 KNN