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
■ (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 OF 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.
Vallampatia, 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.
Vallampatia, T.Narsapuram Mandal, West Godavari District.
...Petitioners
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.
Vallampatia, T.Narsapuram Mandal, West Godavari District.
...Respondents
)
^4:
Petition under Article 226 of the Constitution of India praying that in the
eircumstances stated in the affidavit filed therewith, the High Court may be
\ 'pleased to issue a Writ or order or direction more particularly one in the nature
of WfRIT 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. Vellampatia,
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/cart-way in Survey No.516
of Tirupathipadu Village, H/o. Vellampatia, 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. Vellampatia, T.Narsapuram Mandal, West
Godavari District by mutating the sub-division in online and issue of 1-B and
also Adangal
lA NO: 1 OF 201«
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. Vellampatia, 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. Vellampatia, T.Narsapuram Mandal, West
Godavari District forthwith pending disposal of the above writ petition
lA 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-
Namuna in Sy. No. 516-3, dated 14-08-87 and (5) D-Namuna in Sy.No. 516-4,
dated 14-08-87
Counsel for the Petitioners: SRI A K KISHORE REDDY
Counsel for the Respondents No.1 to 4: GP FOR ASSIGNMENT (AP)
Counsel for the Respondent No.5: M/s. NIMMAGADDA REVATHI
The Court made the following order:
APHC010471732018
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3209]
0K-5 (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/0. BRAHMAYYA,HINDU,
AGED ABOUT 27 YEARS, OCC AGRICULTURE, R/0. H.NO.4-31,
TIRUPATHIPADU VILLAGE, H/0. VALLAMPATLA, T.NARSAPURAM
MANUAL, WEST GODAVARI DISTRICT.
2.SINGAMSETTY JANARDHAN RAO, S/0. BRAHMAYYA,HINDU, AGED
ABOUT 24 YEARS, OCC AGRICULTURE, R/0. H.NO.4-31,
TIRUPATHIPADU VILLAGE, H/0. VALLAMPATLA, T.NARSAPURAM
MANUAL, 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/0. VEERA VENKATA RAO, HINDU,
AGED ABOUT 60 YEARS, OCC CULTIVATION, R/O.D.NO.4-36,
TIRUPATHIPADU VILLAGE, H/O. VALLAMPATLA, T.NARSAPURAM
A/JS,o
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. Vellampatia, 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.
Vellampatia, 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.
Vellampatia, T.Narsapuram Mandal, West Godavari District by mutating the
sub-division in online and issue of 1-B and also Adangal and pass
lANO: 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. Vellampatia, 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. Vellampatia, T.Narsapuram Mandal, West
Godavari District forthwith pending disposal of the above writ petition and pass
lA 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.AKK1SHORE REDDY
Counsel for the Respondent(S):
1 .GP FOR ASSIGNMENT (AP)
2.NIMMAGADDA REVATHI
NJSJ
W.P No. 22230 of 2018
m 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.DEROII701133237, DERO1170113321 6, dated
27.09.2017 and not de-marketing the punta/cart-way avaiiable at Survey No.516 of
Tirupathipadu Village, H/o. Vellampatia, 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.Vellampatia, T.Narsapuram Mandal,
No. 5 to have access
West Godavari District from the assigned land of Respondent
to the lands belongs to the petitioners situated at Sruvey No. 515 of Tirupathipadu
Village, H/o. Vellampatia, 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.22230of2018 ^
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
c,. _
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/encroachm ents 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.
Sd/- K TATA RAO
//TRUE COPY// DEPUTY REGISTRAR
To,
S^IO^^I FFICER
Revenue
1. The Principle Secretary, State of Andhra Pradesh,
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.
m
4. The Tahsildhar, T.Narsapuram Mandal at T.Narsapuram Village and
Mandal, West Godavari District.
5. One CC to SRI A K KISHORE REDDY Advocate [OPUC]
6. Two CCS to GP FOR ASSIGNMENT (AP) High Court of Andhra
Pradesh [OUT]
7. One CC to SRI NIMMAGADDA REVATHI Advocate [OPUC]
8. Two CD Copies
gsg
HIGH COURT
DATED: 30/08/2025
ORDER
WP NO. 22230 OF 2018 Qf 5{ 17 SEP 2025 K v^rrent SectiouX^'y saisB DISPOSING THE WP WITHOUT COSTS