Date of reserved for orders : Date of pronouncement : 24.06.2026 Date of uploading : 03.07.2026 APHC010722432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 668/2026 Between: 1. A MALAKONDA REDDY, S/O.LATE PEDDA MALAKONDA REDDY, AGED ABOUT 64 YEARS, OCC RETD., EMPLOYEE, RIO. D. NO.42/350-1, JAYANAGAR COLONY, KADAPA CITY, Y.S.R. KADAPA DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MA AND UD) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,. GUNTUR DISTRICT-522239 2. THE DISTRICT COLLECTOR, KADAPA CITY, KADAPA DISTRICT, A.P-516001 3. THE KADAPA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, KADAPA DISTRICT-516001. 4. THE TOWN SURVEYOR, KADAPA MUNICIPAL CORPORATION KADAPA CITY, A. P-516001. ...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 2 of WRIT OF MANDAMUS declaring that the action of the respondents herein more particularly the 3rd Respondent in interfering with the existing 'Rastha', admeasuring an extent of Ac.0.14 Cents in Survey No.326/1 B, Chinna Chowk Mandal, Kadapa City, Y.S.R. Kadapa District, A.P, situated to the Northern Side of the Subject Property i.e., House Plots No's.66, 67, 68, 69, 70, 71, and 72 admeasuring an extent of Ac.0.33 Cents in Survey No.326-1, 326-2 and 326-3 of Chalamallareddipalli Village Fields, Ward No.2, Chinnachowk, Kadapa City, Y.S.R. District, A.P belonging to the Petitioner herein, without conducting any survey, without issuing any notice and without following due process of law as wholly illegal, arbitrary, unjust, untenable, without jurisdiction, contrary to principles of Natural Justice, besides being violative of Article 14, 21 and 300-A of Constitution of India and Consequently direct the 3rd Respondent herein not to interfere with the existing 'Rastha', admeasuring an extent of Ac.0.14 Cents in Survey No.326/1 B, Chinna Chowk Mandal, Kadapa City, Y.S.R. Kadapa District, A.P, situated to the Northern Side of the Subject Property i.e., House Plots No's.66, 67, 68, 69, 70, 71, and 72 admeasuring an extent of Ac.0.33 Cents in Survey No.326-1, 326-2 and 326-3 of Chalamallareddipalli Village Fields, Ward No.2, Chinnachowk, Kadapa City, Y.S.R. District, A.P 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 DIRECT the respondents not to interfere with the existing 'Rastha', admeasuring an extent of Ac.0.14 Cents in Survey No.326/1 B, Chinna Chowk Mandal, Kadapa City, Y.S.R. Kadapa District, A. P, situated to the Northern Side of the Petitioner's Property i.e., House Plots No's.66, 67, 68, 69, 70, 71, and 72 admeasuring an extent of Ac.0.33 Cents in Survey No.326-1, 326-2 and 326-3 of Chalamallareddipalli Village Fields, Ward No.2, Chinnachowk, Kadapa City, Y.S.R. District, A.P, without issuing any notice and without following due process of law and pass Counsel for the Petitioner: 1. N SAI PHANINDRA KUMAR Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 3 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the interference of the 3rd respondent with the existing Rastha admeasuring an extent of Ac.0.14 cents in Sy.No.326/1B, Chinnachowk Mandal, Kadapa City, situated towards the northern side of the petitioner's property bearing Plot Nos.66 to 72, admeasuring an extent of Ac.0.33 cents. 2. It is submitted that the petitioner had purchased the said property vide registered sale deeds and has been in peaceful possession and enjoyment of the same. Respondent Nos.3 and 4 are trying to interfere with the Rastha adjoining the petitioner's property, and in this regard, the present writ petition has been filed. 3. Though time was granted by this Court for filing a counter, no counter has been filed. However, written instructions have been furnished to this Court. 4. The learned Standing Counsel appearing for respondent Nos.3 and 4 submits that the subject property of the writ petition is situated on the eastern side of the petitioner's property and that the same falls in Sy.No.325, which is classified as Government land (vagu). It is submitted that, in order to remove the encroachments on the drains of Chinnachowk Village, a joint team comprising officials of the Revenue Department and the 3rd respondent conducted a field inspection. During the inspection, it was found that the petitioner had encroached upon land admeasuring Ac.0.12½ cents in 5 Sy.No.325 by constructing a basement. Accordingly, the petitioner was directed to remove the encroachment. 5. The learned counsel for the petitioner submits that the petitioner is in possession of land in Sy.No.326 and not Sy.No.325, as claimed by the respondents. The respondents, in coordination with the concerned Tahsildar, shall conduct a proper survey and demarcate the Government land. Needless to mention that, if any extent of Government land is found to be under the occupation of the petitioner, the respondents shall take appropriate steps for reclaiming the same in accordance with law. 6. With these observations, this writ petition is disposed of. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 24.06.2026 PNS Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑