APHC010411372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE 12th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 22207/2026 Between: 1. SAIKAM GANAPTHI RAO, OCC. FARMER, S/O VEERALANKAIAH, AGED ABOUT 40 YEARS. R/O 2-34, DAMALURU VILLAGE,IBRAHIMPATANAM MANDAL, NTR DISTRICT. - 522202 ...PETITIONER A N D 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY (PR AND RD) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 522238 2. THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA. - 520001 3. THE DISTRICT PANCHAYAT OFFICER, NTR DISTRICT, GOLLAPUDI. 520001 4. THE DIVISIONAL PANCHAYAT OFFICER, VIJAYAWADA, NTR DISTRICT 501506 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, IBRAHIMPATNAM, NTR DISTRICT. 501506 6. THE TAHSILDAR, IBRAHIMPATNAM, NTR DISTRICT. - 501506 7. DAMULURU GRAMA PANCHAYAT, REP. BY ITS SECRETARY, DAMULURU VILLAGE, IBRAHIMPATANAM MANDAL, NTR DISTRICT, 522202 8. NADAKUDITI ANKARAJU, S/O POTHURAJU, AGED ABOUT 55 YEARS, R/O DAMULURU VILLAGE, IBRAHIMPATANAM MANDAL NTR DISTRICT. 522202 9. NADAKUDITI SHANMUKHA RAJU, S/O ANKAYYA, AGED ABOUT 30 YEARS, R/O DAMULURU VILLAGE, IBRAHIMPATANAM MANDAL, NTR DISTRICT. 522202 10. NADAKUDITI ALLURI SEETHA RAMA, S/O POTHURAJU, AGED ABOUT NOT KNOWN, R/O DAMULURU VILLAGE, IBRAHIMPATANAM MANDAL, NTR DISTRICT.522202 11. NADAKUDITI SURENDRA, S/O NADAKUDITI ALLURI SEETHA, RAMA RAJU. AGED ABOUT NOT KNOWN, R/O DAMULURU VILLAGE, IBRAHIMPATANAM MANDAL, NTR DISTRICT. 522202 12. NADAKUDITI HANUMANTH RAO, S/O POTHURAJU, AGED SRK, J W.P.No.22207 of 2026 2 ABOUT NOT KNOWN, R/O DAMULURU VILLAGE, IBRAHIMPATANAM MANDAL, NTR DISTRICT.522202 ...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 OF MANDAMUS or any other appropriate Writ, Order or Direction to DECLARE the action of the respondent officials in not removing the encroachments made in an extent of 200 sq. yards in RS. No. 34 of Damuluru Village, Ibrahimpatnam Mandal, NTR Dist., which is a cremation ground, as illegal, arbitrary, breach of public trust doctrine, violation of provisions of A.P. Panchayat Raj Act, 1994 and G.O. Ms. No. 188, dated 21.07.2011, by P.R. and R.D. (Pts. IV) Department and contrary to Articles 14 and 300-A of the Constitution of India and Consequently COMMAND the respondent panchayat officials to remove the encroachments in the subject land, in the interest of justice Counsel for the Petitioner: 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: SRK, J W.P.No.22207 of 2026 3 O R D E R Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj and Rural Development, learned Standing Counsel for Gram Panchayat, and the learned Assistant Government Pleader for Revenue. 2. This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent officials in not removing the encroachments made in an extent of 200 square yards in R.S.No.34 of Damuluru Village, Ibrahimpatnam Mandal, NTR District, which is a cremation ground, as illegal, arbitrary, breach of public trust doctrine, violation of provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and G.O.Ms.No.188, dated 21.07.2011 by P.R. & R.D. (Pts.IV) Department and contrary to Articles 14 and 300A of the Constitution of India, and consequently, command the respondent Panchayat Officials to remove the encroachments in the subject land, in the interest of justice and pass such other order…” 3. Grievance of the petitioner is that, petitioner is resident of Damuluru Village; that the land admeasuring to an extent of Ac.1.96 cents situated in R.S.No.34 of Damuluru is classified as cremation ground, and the villagers of Damuluru conduct last rites of their people, in the said land. The unofficial respondent Nos.8 to 12 encroached an extent of 200 square yards at the entrance of cremation land, causing severe inconvenience to the Damuluru Villagers. The unofficial respondent Nos.8 to 12 are conducting SRK, J W.P.No.22207 of 2026 4 unlawful activities in the cremation land for their unlawful gain. The petitioner made several representations to the respondent officials on the encroachment of cremation land; that several complaints were made in Spandana vide Nos.NTR2024021367, dated 19.02.2024, No.NTR20240822543, dated 18.09.2024, No.NTR202601068. In response to the same, the respondent No.3 addressed a letter dated 21.01.2026 stating that the respondent Nos.4, 5 and 7 reported him that a survey is required to be conducted as to whether the encroachments fall in the cremation land or not. However, the respondent No.3, while addressing the aforesaid letter dated 21.01.2026, did not dispute the survey conducted by the respondent No.6 and the necessity of conducting fresh survey again. The respondent No.6 conducted an official survey in the presence of 7th respondent and duly fixed the boundaries of cremation ground; that the official survey conclusively identified the extent and boundaries of the cremation land, wherein the encroachments existed. The respondent-Panchayat Officials deliberately converted a complete administrative exercise into an endless procedural formality by repeatedly seeking surveys which had already been conducted. Hence, the Writ Petition. SRK, J W.P.No.22207 of 2026 5 4. Today, when the matter has come up before this Court, learned Standing Counsel for Gram Panchayat, on written instructions received from the Panchayat Development Officer, Damuluru Gram Panchayat, Ibrahimpatnam Mandal, submits that this respondent issued notices to the occupants of the subject land on 06.08.2026 directing them to vacate the land and remove the unauthorized occupation within 15 days. He further submits that in the event of failure to comply with the contents of the notice within the stipulated period, further necessary action would be taken by the competent authorities in accordance with applicable provisions of law. He further submits that necessary action has been initiated by the Gram Panchayat by issuing notices to the occupants to vacate the subject land. He further submits that appropriate action has already been initiated in respect of the subject matter. The written instructions are placed on record. 5. Recording the said submission made by the learned Standing Counsel for Gram Panchayat, since the matter has already been taken up by the respondent authorities pursuant to the notice issued by the Sub-Collector, Vijayawada and appropriate action has already initiated by the Gram Panchayat concerned, by issuing SRK, J W.P.No.22207 of 2026 6 notices to the occupants to vacate the subject land, the respondent authorities are directed to expedite the action initiated in this regard. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 12th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓