APHC010616452023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31975/2023 Between:

1. P AIDI RANGA RAMANUJULU, S/O DHANNUNJAYA RAO, AGED ABOUT 35 YEARS R/O FAREEDPETA VILLAGE ETCHERLA MANDAL, SRIKAKULAM DISTRICT

2. K OTHAKOTA APPALA NAIDU, S/O. GADDAYYA, AGED ABOUT

31 YEARS R/O FAREEDPETA VILLAGE ETCHERLA MANDAL, SRIKAKULAM DISTRICT

3. K UNA SRINU, S/O NARAYANA SWAMY, AGED ABOUT 28 YEARS R/O FAREEDPETA VILLAGE ETCHERLA MANDAL, SRIKAKULAM DISTRICT ...PETITIONER(S)

AND

1. S TATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI

2. T HE DISTRICT COLLECTOR, PANCHAYAT RAJ WING, SRIKAKULAM DISTRICT

3. R EVENUE DIVISIONAL OFFICER, SRIKAKULAM DISTRICT

4. T HE TAHASILDAR, ETCHERLA MANDAL, SRIKAKULAM DISTRICT

5. T HE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM DISTRICT 6. F AREEDPETA GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY FAREEDPETA VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT

7. S EEPANA VIJAYA LAKSHMI, W/O VENKATA RAO AGED ABOUT 53 YEARS, FAREEDPETA, S M PURAM REVENUE VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT R7 IS IMPLEADED AS PER THE COURT ORDER DATED.23.04.2024 VIDE ORDERS PASSED IN IA NO.02 OF 2023.

...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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in acting upon the Petitioners' representation dated 04.12.2023 to protect the Gram Panchayat land situated abutting to the Gram Panchayat building in Sy No. 474 of Fareedpeta Village, Etcherla Mandal, Srikakulam District from illegal encroachments as illegal, arbitrary, unjust and violative of principles of natural justice as also provisions of Articles 14 and 300A of the Constitution of India and consequently direct the Respondents to protect the Gram Panchayat land situated abutting to the Gram Panchayat building in Sy No. 474 of Fareedpeta Village, Etcherla Mandal, Srikakulam District by removing the illegal encroachments and pass IA NO: 1 OF 2023 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 Respondents to protect the Gram Panchayat land situated abutting to the Gram Panchayat building in Sy No. 474 of Fareedpeta Village, Etcheria Mandal, Srikakulam District by removing the illegal encroachments and pass IA NO: 2 OF 2023 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 implead the proposed 7^th respondent as 7^th respondent in the above writ petition and pass IA NO: 1 OF 2024 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 vacate the Interim Order dt. 15.12.2023 passed in W.P.No.31975 of 2023 and dismiss the Writ Petition 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 to extend the interim orders dated 15.12.2023 passed in W.P.No.31975 of 2023 until further orders and pass Counsel for the Petitioner(S):

1. P RAJKUMAR Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)

The Court made the following:

ORDER

To declare the action of the respondents in not acting upon the petitioners’ representation dated 04.12.2023 to protect the Gram Panchayat land situated abutting to the Gram Panchayat building in S