APHC010512772023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26403/2023 Between: 1. V GIRIDHAR, S/O.V.JAYARAMAIAH, AGED 49 YEARS, RESIDING AT DOOR NO.15-118, P.V.NAGAR, M.R.PALLI, TIRUPATI (URBAN), CHITTOOR, ANDHRA PRADESH - 517 502 2. V.NAGESWAR RAO, S/O.V.C.VENKATRAYULU, AGED 45 YEARS, RESIDING AT D.NO.4-40, BRAHMINA STREET, NEWPET, CHANDRAGIRI, TIRUPATI DISTRICT - 517 101 ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY SPL. CHIEF SECRETARY TO GOVT, DEPARTMENT OF PANCHAYAT RAJAND RURAL DEVELOPMENT, BLOCK NO.5, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI - 522 238 2. THE DIGUVA REDDYVARIPALLE GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, CHANDRAGIRI VILLAGE AND MANDAL, .TIRUPATI DISTRICT. 3. THE TAHSILDAR, CHANDRAGIRI MANDAL, CHANDRAGIRI, TIRUPATI DISTRICT. 4. THE VILLAGE REVENUE OFFICER, DIGUVAREDDYVARIPALLE GRAM PANCHAYAT, CHANDRAGIRI MANDAL, TIRUPATI DISTRICT. 5. TIRUPATI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS CHAIRMAN, TILAK ROAD, TIRUPATI - 517 501 2 6. PRAKASH REDDY, S/O. AND AGE NOT KNOWN, WORKING AS SARPANCH, DIGUVAREDDYVARIPALLE GRAM PANCHAYAT, CHANDRAGIRI MANDAL, TIRUPATI DISTRICT ...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 an order, direction or writ, or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the action of the respondent nos.2 and 6 in encroaching water body i.e. Uttarapu Ramireddy Kaluva, at Sy.No.107 of Chandragiri Revenue Accounts, Diguva Reddyvaripalle Gram Panchayat, Chandragiri Mandal, Tirupati District, classified as .Kaluva. and in further encroaching up on our private patta land in Sy.No.115 of Chandragiri Revenue Accounts, Diguva Reddyvaripalle Gram Panchayat, Chandragiri Mandal, Tirupati District, for laying a road as being illegal, arbitrary,highhanded, violative of the provisions of the A.P.Gram Panchayats (Protection of Property) Rules, 2011 and unconstitutional and consequently direct the respondent nos.2, 3, 4 and 6to protect,restore and utilise the land in Sy.No.107 of Chandragiri Revenue Accounts, Diguva Reddyvaripalle Gram Panchayat, Chandragiri Mandal, Tirupati District, classified as .Kaluva.,as a water body alone and 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 to direct the respondent nos.2 and 6,not to carry out illegal road development works in Sy.No.107 and Sy.No.115 of Chandragiri Revenue Accounts, Diguva Reddyvaripalle Gram Panchayat, Chandragiri Mandal, Tirupati District and pass IA NO: 2 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 to vacate the interim order dated 07-10-2023 in IA No. 1 of 2023 in WP No. 26403 of 2023 and also dismiss the writ petition 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 3 vacate the interim order dated 07.10.2023 in IA.No.1 of 2023 in WP.No.26403 of 2023 and dismiss the writ petition and pass Counsel for the Petitioner(S): 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Karri kalyan Durga Prasad SC FOR TUDA 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: :: ORDER :: Heard Sri Meka Rahul Chowdary, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the 1st respondent, Sri B.Teja, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 2nd respondent, Ms. Usha, learned Assistant Government Pleader for Revenue for the respondents 3 and 4 and Sri Karri Kalyan Durga Prasad, learned Standing counsel for the 5th respondent. 2. The above writ petition was filed to declare the action of the respondents 2 and 6 in encroaching upon the water body i.e., Uttarapu Ramireddy Kaluva at Sy.No.107 of Chandragiri Revenge Accounts, Diguva Reddyvaripalle Gram Panchayat, as illegal and arbitrary. 4 3. Learned counsel for the petitioner would submit that the petitioners own land in Sy.No.115. Adjacent to petitioners’ land, an extent of Ac.0.38 cents in Sy.No.107 is classified as “Kaluva” (Canal) in the revenue records. The said canal has been encroached upon. However, the 2nd respondent failed to prevent the encroachments and restore the canal. The District Collector was, suo motu, impleaded as a party respondent by order dated 06.01.2026. 4. A counter-affidavit was filed by the District Collector. In paras 5 and 6, it was stated as follows: “5. I further submit that as per the instructions, a joint inspection was conducted by the officials of Revenue, Panchayat Raj, RWS&S and Irrigation Departments and submit a detailed report as follows: i) Originally, the land in Sy.No.107 measuring an extent of Ac.0.38 cents, is classified as “Government Poramboke” with remarks as “Kaluva” as per A-Register of Chandragiri Village. ii) During the inspection, it is noticed that one un-approved layout is formed patta lands, in Sy.No.102, 113 and 114 of Chandragiri Village and the said Kaluva Poramboke in Sy.No.107 is amidst of the layout. iii) Internal Road in an extent of Ac.0.03¾ cents and 2 RCC Houses partly in an extent of Ac.0.02 cents, are existing on ground, in Sy.No.107, which were raised, prior to the interim directions of the Hon’ble High Court, dated 07.10.2023 and maintained status quo till date. 6. I further submit that on examination of the said joint inspection report submitted by the officials of Revenue, Panchayat Raj, RWS&S and Irrigation Departments, it is noticed that certain encroachments were noticed in Kaluva Poramboke, in Sy.No.107 of Chandragiri 5 Village and directions were issued to the respondent Nos.4 and 6, i.e., Panchayat Secretary and Sarpanch, Reddyvaripalli Gram panchayat, to restore the said water course poramboke and prevent further encroachments over the land in question, vide this office proceedings issued in Rc.E2/12/2026, dated 29.01.2026.” 5. Sri B.Teja, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 2nd respondent, submitted the written instructions of the Panchayat Secretary of the 2nd respondent and would submit that a notice vide Roc.No.10/2026 dated 20.02.2026, was issued to the encroacher directing to remove the encroachments within seven days. He would also submit that the 2nd respondent will initiate necessary further steps and remove the encroachments, keeping in view the averments made in para Nos.5 and 6 of the counter-affidavit filed by the District Collector. 6. Thus, as seen from the pleadings and information available on record, there is no dispute regarding the existence of encroachments in Sy.No.107 of Reddivaripalli Gram Panchayat. The counter-affidavit filed by the District Collector would manifest the encroachments. In fact, the Panchayat Secretary of the 2nd respondent has already set the law into motion by issuing notice to one of the encroachers. 7. Since the Panchayat Secretary of the 2nd respondent set the law into motion vis-à-vis encroachments referred to supra, the writ petition is disposed of directing the Panchayat Secretary of the 2nd respondent to follow due process and remove the encroachments made in Uttarapu Ramireddy Kaluva situated in Sy.No.107 of Chandragiri Revenge Accounts, Diguva 6 Reddyvaripalle Gram Panchayat. The Panchayat Secretary of the 2nd respondent shall provide an opportunity of hearing and pass appropriate orders strictly as per the Rules. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 24.02.2026 SNI 7 248 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26403 OF 2023 Date: 24.02.2026 SNI