APHC010005982025 IN THE HIGH COURT OF ANDHRA [3328]

PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 641/2025 Between:

1. K KUMAR NAIDU, S/O K. SIDDAIAH NAIDU, AGED ABOUT 52 YEARS, OCC CULTIVATION, R/O DIGUVA JUPALLI H/O GANUGACHINTHA, ROMPICHERLA MANDAL, CHITTOOR DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR 3. T HE TAHSILDAR, ROMPICHERLA MANDAL, CHITTOOR DISTRICT

4. A VENKATRAMANA A BABU, S/O LATE A. NARAYANA, AGED ABOUT 45 YEARS, R/O DIGUVA JUPALLI H/O GANUGACHINTA VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT ...RESPONDENT(S):

Counsel for the Petitioner:

1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S):

1. GP FOR REVENUE The Court made the following:

ORAL ORDER:

Heard Sri P.Anand Sai, learned Counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Petitioner and Sri K.Arjun Chowdary, learned Assistant Government Pleader.

2. Learned Counsel for the Petitioner submits that the Petitioner has filed O.S.No.315 of 2024 for permanent injunction on the file of the Principal Civil Judge (Junior Division), Piler. Learned Counsel for the Petitioner would also submit that the Writ Petitioner has filed I.A.No.1067 of 2024 seeking temporary injunction. Vide order dated 13.11.2024 Principal Civil Judge (Junior Division), Piler was pleased to grant Ad-Interim temporary injunction against the Defendants therein not to demolish the compound wall.

3. The present Writ Petition is filed challenging the Notice issued by the Tahsildar, Rompicherla Mandal, Chittoor District dated 27.12.2024 (Ex.P1) directing the Writ Petitioner to remove the encroachments made by the Writ Petitioner and his brothers in Sy.No.1008 of Ganugachinta Village, Rompicherla Mandal and to maintain four feet path as mentioned in the plan. The said Notice was issued directing the Writ Petitioner to appear before the Tahsildar at 10:30 A.M on 02.01.2025. It is the submission of the learned Counsel for the Petitioner that the Petitioner has attended the enquiry on the scheduled date and had also submitted an explanation on 31.12.2024. The present Writ Petition is filed seeking protection apprehending that the Official Respondents may demolish the compound wall built by the Petitioner.

4. Learned Assistant Government Pleader has submitted Written Instructions furnished by the Tahsildar of Rompicherla Mandal dated 10.01.2025. A copy of it has been served on the learned Counsel for the Petitioner. The same is taken on record. The relevant portion of the Written Instructions is usefully extracted hereunder:

“3. It is submitted that, the Writ Petitioner has constructed a house on own place. But, in the process of construction of house, the petitioners has constructed compound wall and laid foundations across the plan marked foot path 4 feet passing through the agricultural fields including in Sy.No.1008 of Ganugachina Village Village from East to West which is being used for ingress and egress of the villagers of DiguvaJupalli of Ganugachintha Village since times immemorial to go to their fields for conducting agricultural operations and extended four feet both sides and provided road as per their convenience to easily passing tractor, JCB and lorry etc., 4. It is submitted that, writ Petitioner Sri.K.Kumar Naidu and his brothers not being provided and also encroached 4 feet of breadth and 35 feet of length road in Sy.No.1008 and also he built compound wall by bury of government hand bore and constructed a 4 feet height compound wall hence could not be able to pass 4 or 6 wheeler and he causing trouble by making it difficult to bring home the harvested crops through bullock carts, tractors and lorries etc., Hence the Village