A writ petition for property encroachment and illegal construction is not the appropriate remedy when the petitioner has already initiated a civil suit before a competent civil court for the same subject matter.

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 30038/2025

Between:

1. K UNDRAPU BRAHMAM, S/O. SANYASI, AGED ABOUT

52 YEARS, OCCUPATION AGRICULTURE, D.NO 8-63-1,

VADISALERU VILLAGE, RANGAMPETA MANDAL

PEDDAPURAM, EAST GODAVARI.

...PETITIONER

AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL

SECRETARY TO GOVERNMENT, PANCHAYAT RAJ

AND RURAL DEVELOPMENT DEPARTMENT,

SECRETARIAT,VELAGAPUDI, GUNTUR DISTRICT.

2. T HE TAHSILDAR, RANGAMPETA MANDAL,

PEDDAPURAM, EAST GODAVARI.

3. T HE DISTRICT PANCHAYAT OFFICER, PEDDAPURAM,

EAST GODAVARI.

4. T HE VADISALERU GRAM PANCHAYT, REP. BY ITS

PANCHAYT SECRETARY, VADISALERU VILLAGE,

RANGAMPETA MANDAL, PEDDAPURAM, EAST

GODAVARI.

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5. V IYYAPU VEERABHADRA RAO, S/O. APPARAO, AGED

ABOUT 41 YRS. OCCUPATION AGRICULTURE, R/O

D.NO. 8-9, VADISALERU VILLAGE, RANGAMPETA

MANDAL, PEDDAPURAM EAST GODAVARI.

6. V IYYAPU SAI RAMAKRISHNA, S/O. NAGESWARA RAO,

AGED ABOUT 24 YEARS. OCCUPATION AGRICULTURE,

R/O D.NO. 8-77, VADISALERU VILLAGE, RANGAMPETA

MANDAL, PEDDAPURAM, EAST GODAVARI.

...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 pleased to issue an appropriate

order, writ or direction, one in the nature of writ of mandamus,

declaring the high-handed action and arbitrary action of the

official respondents in allowing the illegal constructions in

subject property of site admeasuring 84 sq. yards forming part of

the suit schedule property i.e., Ac 0.17 cents of land out of the

total land an extent of Ac. 4.51 cents in R. S No. 766/1 with D

No. 8-134, of Vadisaleru Village, Rangampeta Mandal,

Peddapuram Sub-Registry, East Godavari, pending adjudication

of the civil dispute before the learned Civil Judge (Junior

Division), Peddapuram, with an attempt to disposes the petitioner

herein and without putting petitioner herein on notice and without

affording an opportunity of hearing and further without following

procedure established by law as illegal, arbitrary, unjust and

violative of fundamental and constitutional rights guaranteed

under the Articles, 14, 19, 21 and 300 - A of The Constitution Of

India and consequently declare the inaction on part of the staff

and officers of 3rd and 4th Respondents, in allowing the

unofficial respondents to illegally construct in the subject

property of84 sq. yards forming part of the suit schedule property

admeasuring Ac 0.17 cents of land out of the total land an extent

of Ac. 4.51 cents in R. S No. 766/1 with D No. 8-134, of

Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub-

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Registry, East Godavari, pending civil dispute as illegal,

arbitrary, unjust and violative of fundamental and constitutional

rights guaranteed under the Articles 14, 19, 21 and 300 - A of

The Constitution Of India and further to direct the 3rd and 4th

Respondents to stop the illegal constructions forthwith in the

subject property of84 sq. yards forming part of the suit schedule

property admeasuring Ac 0.17 cents of land out of the total land

an extent of Ac. 4.51 cents in R. S No. 766/1 with D No. 8- 134,

of Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub-

Registry, East Godavari, and further direct the 3rd and 4th

Respondents to consider the representations (PGRS Complaints)

dated 30.06.2025, 13.10.2025 and 10.03.2025 for removal of the

encroachments after conducting survey in the subject property of

84 sq. yards forming part of the suit schedule property

admeasuring Ac 0.17 cents of land out of the total land an extent

of Ac. 4.51 cents in R. S No. 766/1 with D No. 8-134, of

Vadisaleru Village, Rangampeta Mandal, Peddapuram Sub-

Registry, East Godavari, in the interests of justice and pass

IA NO: 1 OF 2025

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 pleased to grant stay of

all further proceedings pending adjudication of the civil dispute on

the file of the learned Civil Judge, (Junior Divisi