APHC010177402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9006/2023 Between: 1. PERUGU PEDDA YELLAIAH, S/O.TIRUMALAIAH, AGED ABOUT 60 YEARS, R/O. D.NO. 222-3, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. 2. GARA VENKATA PADMA,, C/O. BADRINADH, AGED ABOUT 43 YEARS, R/O. D. NO. 222-8, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA, Y.S.R. KADAPA DISTRICT. 3. THE TAHSILDAR, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. 4. THE NAGASANIPALLE GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. 5. SRI NAKKA SUDHAKAR, S/O. PEDDA SUBBANNA, AGED ABOUT 40 YEARS, R/O. D.NO. 26-3, NAGASANIPALLE VILLAGE, KHAZIPETA MANDAL, Y.S.R. KADAPA DISTRICT. ...RESPONDENT(S): 2 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 writ, order or orders more particularly one in the nature of Writ of Mandamus the action of the respondents in not taking any action against the illegal construction of the unofficial respondent No.5 in vagu promboke situated at Sy.No.33-1, to an extent of Ac. 0.03 cents, of Nagasanipalle Village, Khazipeta Mandal, Y.S.R. Kadapa District, without obtaining any permission or approval from the 4'1' respondent Grampanchayat is illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to take action against the illegal construction of the unofficial respondent No.5 in Sy.No.33-1, to an extent of Ac. 0.03 cents, situated at Nagasanipalle Village, Khazipeta Mandal, Y.S.R. Kadapa District and to pass 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 pleased to direct the respondent Nos.2 to 4 to stop the illegal construction of the unofficial respondent No.5 in Sy.No.33-1, to an extent of Ac. 0.03 cents, situated at Nagasanipalle Village, Khazipeta Mandal, Y.S.R. Kadapa District pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S): 1. GP FOR REVENUE 2. S DILIP JAYA RAM 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 ORDER: To declare the inaction of the respondents in taking steps against the illegal construction made by unofficial respondent No.5 in vagu poramboke land in Sy.No.33-1 to an extent of Ac.0.03 cents of Nagasanipalle Village, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri D.Harsha Vardhan, learned counsel for the petitioners, Sri M.Sudhir, learned Standing Counsel for Gram Panchayat, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue and Sri S.Dilip Jayaram, learned counsel for unofficial respondent. 3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that the unofficial respondent is occupying the subject land which is classified as vagu poramboke and has made certain constructions. Though the said fact was brought to the notice of the authorities concerned, no steps have been taken. It would suffice for the time being if a direction is given to the respondent authorities concerned to take steps against unauthorized construction being carried out by respondent No.5 in a time-bound manner. 4. Sri Dilip Jayaram, learned counsel for respondent No.5, contended that respondent No.5 has not occupied any Government land as alleged by the petitioners and such allegations have been raised only with an ulterior motive. He further submitted that there is a discrepancy with regard to survey number and unless it is clearly identified that the unofficial respondent has constructed 4 by occupying Government land, no steps can be taken. Accordingly, prayed to dismiss the writ petition. 5. Learned Assistant Government Pleader for Revenue, on instructions, submitted that the subject land is not classified as vagu poramboke as alleged by the petitioners and it is a dotted land. However, the unofficial respondent encroached upon the Government land and made certain constructions, and in the year 2024, the unofficial respondent once again occupied the Government land and constructed a compound wall. He submitted that the authorities have an intention to take steps in accordance with law. 6. Perused the record and considered the submissions made by the respective counsel. 7. Despite bringing to the notice of the authorities about the encroachments made by respondent No.5 on vagu poramboke land, no action has been initiated is the grievance of the petitioner. Learned Assistant Government Pleader, on instructions, contended that the subject land is not vagu poramboke, it is a dotted land. However, they would take steps in accordance with law. From the material placed on record i.e., Adangal, it shows that Sy.No.33/1 is vagu poramboke. However, this Court is not inclined to decide whether the subject land is vagu poramboke or Government land. When the respondent authorities noticed that the unofficial respondent has made certain constructions by occupying the Government land, it is their statutory duty to take steps by following due process of law. 5 8. Taking their submissions into consideration and without going into the merits of the case, this Court is inclined to dispose of the writ petition by passing the following order:- 1. The Tahsildar concerned shall survey the subject land and note down the encroachments made by the respondent No.5 by giving notice to respondent No.5 and also by taking into consideration the documents of respondent No.5, if any, and the revenue records, and file a report before the Gram Panchayat concerned. 2. If the report states that respondent No.5 has occupied the Government land and made constructions, the concerned Gram Panchayat shall take steps in accordance with law by giving show cause notice, inviting explanation by giving sufficient time, providing an opportunity of being heard, and pass a reasoned order. 3. If no encroachments are found as alleged by the petitioner, the same shall be informed to the petitioner by giving speaking order. The said exercise shall be completed within a period of three (03) months. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 06.01.2026. JLV 6 404 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9006/2023 Date: 06.01.2026. JLV