APHC010215162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11575/2024 Between: 1. GUDDANTI SUBASHA CHANDRA BOSE, S/O.GOKARNO, AGED ABOUT 77 YEARS, OCC CULTIVATION, R/O.D.NO.2-99, SEETHARAMPETA, EPURUPALEM, CHIRALA MANDAL, BAPATIA DISTRICT. 2. GUDDANTI GOPICHAND,, S/O.RAVINDRA BABU, AGED ABOUT 46 YEARS, OCC WEAVING, R/O.40 HOUSES EPURUPALEM VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR 2. DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATIA. 3. TAHSILDAR, CHIRALA MANDAL, BAPATIA DISTRICT. 4. EPURUPALEM GRAMAPANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, EPURUPALEM VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT. 5. GURRAM PARAMESWARARAO, S/O G.VENKATESWALU, AGED 43 YEARS, D.NO.9-380,EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT. 2 6. BALIGA KUMARI, W/O RAJARAO, AGE 62 YEARS, D.NO.9-379, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT. 7. ANGADI DEVASAHAYAM, S/O NAGAIAH, AGE 53 YEARS, D.NO.9- 376, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT. 8. KARREDDULA RUTHAMMA, W/O DURGARAO, AGE 57 YEARS, D.NO.9-372, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT. 9. DEVARA AMMAJI, W/O BABU, AGE 57 YEARS, D.NO.7-18, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT. 10. KAMPA LAKSHMI, W/O VENKATESWARLU, AGE 52 YEARS, D.NO.7-18, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT. RR 5 TO 10 ARE IMPLEADED AS PER THE COURT'S ORDER DT.08.07.2025 IN I.A.NO. 02 OF 2024. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent gram panchayat in not taking action on the petitioners representation dated 08-01- 2024 for the removal of encroachments on Chirala to Bapatla road margin in Survey NO.206/2C1 of Epurupalem Village in Chirala Mandal of Bapatia District, as illegal, irregular, arbitrary and discriminatory, without any authority of law and contrary to provisions of Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 4th respondent to remove encroachments made on the Chirala to Bapatla road margin in Survey NO.206/2C1 by following the procedure as contemplated under the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and Pass 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 to direct the 4th respondent gram panchayat to consider the petitioners representation dated 08-01-2024 for the removal of encroachments on Chirala to Bapatla road margin in Survey NO.206/2C1 of Epurupalem Village 3 in Chirala Mandal of Bapatla District, pending disposal of main writ petition and pass IA NO: 2 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 to permit the petitioners to implead as 5th to 10th respondents in the W.P. and pass IA NO: 3 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 to modify the orders passed in I.A.No.1/2024 in W.P.No.11575/2024, dated 10- 05-2024, 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 to grant leave to the Respondent No.3 to file counter affidavit in the above writ petition and to pass Counsel for the Petitioner(S): 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. G KOTINAGULU 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: :: ORDER :: Heard Sri Naga Praveen Vankayalapati, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the 1st respondent, Ms. Usha, 4 learned Assistant Government Pleader for Revenue for the respondents 2 and 3, Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 4th respondent and Sri G.Kotinagulu, learned counsel for the respondents 5 to 10. 2. The grievance of the petitioners is that their representation dated 08.01.2024 (Ex.P1), made to the 4th respondent, regarding the encroachments in Sy.No.206/2C1 of Epurupalem Village, was not acted upon. 3. Learned counsel for the petitioners would submit that the respondents 5 to 10 encroached upon the land in Sy.No.206/2C1, causing inconvenience for ingress and egress and hence, the petitioners made the representation to the 4th respondent. However, the 4th respondent has not considered the same. 4. The 4th respondent filed an affidavit vide W.P.USR.No.152017 of 2025 dated 23.12.2025, contending, inter alia, that upon receipt of the Survey report from the Tahsildar, Chirala Mandal, the authority addressed a letter dated 12.09.2025 to the Station House Officer, Chirala Rural Police Station, seeking police protection for removal of the encroachments. He also addressed a separate letter dated 12.09.2025 to the Tahsildar, Chirala Mandal, requesting necessary assistance from the revenue authorities for the removal of encroachments. The Station House Officer could not provide police protection due to ongoing Assembly Sessions, and the authority will follow due process. 5. Sri G.Kotinagulu, learned counsel for the respondents 5 to 10, would submit that earlier the respondents filed W.P.No.27758 of 2023, in not 5 considering their case for the issuance of pattas. The said writ petition was disposed of, directing the District Collector, Bapatla District, to take necessary action on the representation dated 29.05.2023 made by them in six weeks. He would further submit that the respondents 5 to 10 have been in possession and enjoyment of land for a considerable time. 6. The 3rd respondent has also filed a separate counter-affidavit. 7. Thus, as seen from the pleadings and the material available on record, there is no dispute regarding the petitioners’ representation dated 08.01.2024 (Ex.P1) complaining of encroachment by the unofficial respondents. It is also an undisputed fact that the unofficial respondents had earlier filed W.P.No.27758 of 2023, and the same was disposed of on 19.10.2023. As of today, no assignments have been made in favour of the unofficial respondents. However, without going into those aspects, since an affidavit filed by the 4th would indicate that the authority will follow the due procedure, the same is recorded. 8. Given the facts and circumstances of the case, the writ petition is disposed of, directing the 4th respondent to follow the due procedure contemplated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994, and the procedure mandated under G.O.Ms.No.188, Panchayat Raj and Rural Development (Pts.IV) Department, dated 21.07.2011, regarding the encroachments said to have been made in Sy.No206/2C1 of Epurupalem Village, Chirala Mandal, Bapatla District. There shall be no order as to costs. 6 As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 18.02.2026 SNI 7 148 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11575 OF 2024 Date: 18.02.2026 SNI