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2022 Supreme(AP) 225

U. DURGA PRASAD RAO
P. V. Lav Kumar Reddy – Appellant
Versus
State of Andhra Pradesh Rep. by its Secretary, Education Department Secretariat – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:D. Krishna Murthy, Advocate.
For the Respondent: K. Raghuveer, Government Pleader

ORDER :

The petitioner prays for a mandamus declaring the inaction of the respondents 6 to 8 in implementing the orders of the respondents 2 & 3 in Rc.No.5545/B3/2013 dated 31.07.2014 and Roc.E5/9839/2012 dated 22.07.2014 as illegal, arbitrary and for a consequential direction to the respondents 6 to 8 to implement the aforesaid orders.

2. The petitioner’s case succinctly is thus:

    (a) The petitioner is the resident of Gunjarlapalle Village, Santhipuram Mandal, Chittoor District. He owns land of Ac.1.18 cents in Sy.No.120/2 of 28, Gundisettipalle Village of Santhipuram Mandal. There is a Cart Track existing in Sy.No.120/4 and 120/6 from times immemorial to reach the agricultural lands of the petitioner and others. The said Cart Track is recorded in the Village Map also.

(b) While so, the Government have alienated the land in Sy.No.120/4 and 120/6 in favour of the Zilla Parishad / respondent No.8 for construction of High School and Junior College. The 8th respondent accordingly constructed High School and Junior College in Sy.No.120/4 and 120/6 encroaching upon the existing age old Cart Track. Due to such encroachment now there is no other way to approach the lands of the petitioner and

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