Andhra Pradesh High Court - Amravati
Singamsetty Venkateswara Rao vs The State Of Andhra Pradesh on 30 August, 2025
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010471732018
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3209]
(Special Original Jurisdiction)
SATURDAY, THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO: 22230/2018
Between:
1. SINGAMSETTY VENKATESWARA RAO, S/O. BRAHMAYYA,HINDU,
AGED ABOUT 27 YEARS, OCC AGRICULTURE, R/O. H.NO.4-31,
TIRUPATHIPADU VILLAGE, H/O. VALLAMPATLA, T.NARSAPURAM
MANDAL, WEST GODAVARI DISTRICT.
2. SINGAMSETTY JANARDHAN RAO, S/O. BRAHMAYYA,HINDU, AGED
ABOUT 24 YEARS, OCC AGRICULTURE, R/O. H.NO.4-31,
TIRUPATHIPADU VILLAGE, H/O. VALLAMPATLA, T.NARSAPURAM
MANDAL, WEST GODAVARI DISTRICT.
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPLE SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI
AT AMARAVATHI, GUNTUR, GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT
ELURU, WEST GODAVARI DISTRICT.
3. THE REVENUE DIVISIONAL OFFICER, ELURU, WEST GODAVARI
DISTRICT.
4. THE TAHSILDHAR, T.NARSAPURAM MANDAL AT T.NARSAPURAM
VILLAGE AND MANDAL, WEST GODAVARI DISTRICT.
5. SINGAMSETTY SRIRAMAYYA, S/O. VEERA VENKATA RAO, HINDU,
AGED ABOUT 60 YEARS, OCC CULTIVATION, R/O.D.NO.4-36,
TIRUPATHIPADU VILLAGE, H/O. VALLAMPATLA, T.NARSAPURAM
NJS,J
W.P No.22230 of 2018
2
MANDAL, WEST GODAVARI 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 toto issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent Nos. 2 and 4 in not considering the applications submitted by the petitioners vide Application Nos. DER011701133237, DER011701133216, dated 27.09.2017 and not de- marketing the punta/cart-way available at Survey No.516 of Tirupathipadu Village, H/o. Vellampatla, T.Narsapuram Mandal, West Godavari District from the assigned land of Respondent No. 5 and mutating the sub-division on online and for issuance of 1-B and also Adangal as nothing but illegal, arbitrary, erroneous and violative of Article 21 and 300-A of Constitution of India and consequently direct direct the Respondent Nos. 2 and 4 to sub- divide the punta/cart-way in Survey No.516 of Tirupathipadu Village, H/o. Vellampatla, T.Narsapuram Mandal, West Godavari District from the assigned land of Respondent No. 5 to have access to the lands belongs to the petitioners situated at Survey No. 515 of Tirupathipadu Village, H/o. Vellampatla, T.Narsapuram Mandal, West Godavari District by mutating the sub-division in online and issue of 1-B and also Adangal and pass IA NO: 1 OF 2018 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 4 to sub-divide the punta/cart-way in Survey No.516 of Tirupathipadu Village, H/o. Vellampatla, T.Narsapuram Mandal, West Godavari District from the assigned land of Respondent No. 5 to have access to the lands belongs to the petitioners situated at Survey No. 515 of Tirupathipadu Village, H/o. Vellampatla, T.Narsapuram Mandal, West Godavari District forthwith pending disposal of the above writ petition and pass IA NO: 1 OF 2019 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 receive the documents that is (1) Memo vide L.P No. E-882219/2017 (A), dated 10.11.2017 (2) Letter dated 06.12.2017 of the Mandal Surveyor, T. narasapuram Mandal, West Godavari (3) Field measurement Sketch (4) D-
NJS,J W.P No.22230 of 2018 3 Namuna in Sy. No. 516-3, dated 14-08-87 and (5) D-Namuna in Sy.No. 516-4, dated 14-08-87 and pass Counsel for the Petitioner(S):
1. A K KISHORE REDDY Counsel for the Respondent(S):
1. GP FOR ASSIGNMENT (AP)
2. NIMMAGADDA REVATHI NJS,J W.P No.22230 of 2018 4 The Court made the following Order:
The present Writ Petition is filed seeking the following relief:
"...to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein particularly Respondent Nos.2 and 4 in not considering the applications submitted by the petitioners vide Application Nos.DERO11701133237, DERO11701133216, dated 27.09.2017 and not de-marketing the punta/cart-way available at Survey No.516 of Tirupathipadu Village, H/o. Vellampatla, T.Narsapuram Mandal, West Godavari District from the assigned land of Respondent No.5 and mutating the sub-division on online and for issuance of 1-B and also Adangal as nothing but illegal, arbitrary, erroneous and violative of Article 21 and 300-A of Constitution of India and consequently direct the Respondent Nos.2 and 4 to sub-divide the punta/car-way in Survey No.516 of Tirupathipadu Village, H/o.Vellampatla, T.Narsapuram Mandal, West Godavari District from the assigned land of Respondent No.5 to have access to the lands belongs to the petitioners situated at Sruvey No.515 of Tirupathipadu Village, H/o. Vellampatla, T.Narsapuram Mandal, West Godavari District by mutating the sub-division in online and issue of 1-B and also Adangal and pass such other order or orders..."
2. Heard learned counsel for the petitioners. Also heard learned counsel for the respondents.
3. The official respondents and the respondent No.5 filed counter- affidavits. However, the learned counsel for the petitioners submits that in the light of the order of the Division Bench in W.P (PIL) Nos.150 of 2019 and 31 of 2022, it would suffice, if the matter is disposed of with similar directions.
4. The Hon'ble Division Bench while dealing with the issue of encroachments of Government lands/public utility lands vested in the State and the Gram Panchayats in W.P (PIL) No.140 of 2022 and batch issued certain directions. Following the said decision, the Hon'ble Division Bench passed orders in W.P (PIL) Nos.150 of 2019 and 31 of 2022 referred to supra, the relevant portion of which reads as follows:
"8. In identical matters i.e., W.P (PIL) No.140 of 2022 and batch, which were filed alleging inaction of the State and its authorities in protecting the government lands of difference classifications, viz., tank land/grama kantham/burial ground/forest land/ road margin/play ground/cart track/hill poramboke/coastal areas/grazing land etc., this Court placing reliance on NJS,J W.P No.22230 of 2018 5 the aforesaid judgment of the Hon'ble Supreme Court and the Andhra Pradesh Gram Panchayats (Protection of Property) Rules, 2011, issued the following directions:
(i) The executive authority i.e., Panchayat Secretary, of the respective Gram Panchayats in the State shall identify the Gram Panchayat lands, which are unauthorizedly occupied/encroached, and take steps for removal of such encroachments by issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers in terms of the procedure prescribed in Rules of 2011. This complete exercise shall be done within a period of six months from today.
(ii) So far as the encroachments over the lands concerning the Municipalities/Forest Department/Revenue Department are concerned, even if no separate Rules have been framed prescribing the procedure to be followed in the matter of removal of encroachments over those lands, the officials of the concerned Departments, i.e., the Departments of Municipal Administration, Forest and Revenue, shall also undertake and complete the exercise of identification of unauthorized occupations/encroachments over the lands belonging to their respective Departments, within a period of two months from today, and thereafter, take steps for removal of such encroachments by following the principle of natural justice, i.e., issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers, within a further period of four months."
5. The above directions of the Hon'ble Division Bench are binding on the concerned departments including the Gram Panchayats and they are bound to take appropriate action, in the event of encroachment of lands of the Gram Panchayat/other departments of the Government. It is needless to observe that in the event, the concerned authorities are not initiating any action in terms of the above referred directions, the aggrieved parties are at liberty to avail appropriate remedies, in accordance with law.
6. With above observations, this writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed.
___________________________ JUSTICE NINALA JAYASURYA Date:30.08.2025 Ksj