Public Interest Litigation filed for eviction of encroachers on government land. Court directed authorities to dispose pending appeals within two months and authorise eviction where limitations expired.
Direct authorities to decide pending appeals within two months; permit eviction where no appeals were filed or limitation expired.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
WRIT PETITION(PIL) NO: 86 OF 2023
Between:
Potta Siva Prasad, S/o. Late Potta Changala Rayudu, Aged about 36 years, R/o.D.No.1/95, Upparapalli, New Madhavaram, Kadapa District, Andhra Pradesh516247. Union Bank of India, Account Number. 300012010001387, Vontimitta Village Branch, Kadapa District, PAN No.BCWPP8109C Aadhar No 676285669642.
... PETITIONER
AND
... RESPONDENTS
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 a Writ Order or direction particularly, one in the nature of writ of Mandamus, declaring the in-action of the respondents in removing the encroachments over a government lands, which are classified as 'Government Lands' to an extent of Ac. 113.34 cents situated in the Survey No. 936-A situated in Upparapalle Panchayat Peddapalle Village, Siddhout Mandal, YSR Kadapa District, Andhra Pradesh in endorsement issued by the respondent no.5 vide H 17.05.2023 issued on the petitioner's representation dated 27.03.2023 and consequent in-action of the authorities in initiating any steps in preventing the encroachers is nothing but violation of Fundamental right of citizens guaranteed under Art 14,15,16,19,21 and Art 300-A of the Constitution of India and consequently direct the respondents to take immediate steps in rernoving the encroachments in the government land situated in Survey No 936-A m Upparapalle Panchayat, Peddapalle Village, Siddhout Mandal, YSR Kadapa 27^03^2023^^*^^ Pradesh in considering the representationofthepetitionerdated
lA NO: 1 OF 2023
th Section 151 CPC praying that in the circumstancesstated i n the affidavit filed in support of the writ petition, the High Court may be pleased to issue appropriate interim directions to the respondents, to remove the '^hich is classified as .Government Lands., in Survey P^richayat, Peddapalle Village, Siddhout Mandal, YSR Pradesh in pursuance of endorsement of Thasildar vide Ref No. B657/2023 dated 17.05.2023. Counsel for the Petitioner: SRI JADA SRAVAN KUMAR Counsel for the Respondent Nos.1,3,4 & 5: GP FOR REVENUE Counsel for the Respondent Nos.2: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.6: SRI G. VENKATA REDDY,SC Counsel for the Respondent Nos.7 to 10 & 13 to 15:SRI N. SIVA REDDY Counsel for the Respondent Nos.11 & 12: The Court made the following: ORDER
m THE HIGH COURT OP ANDHRA PRADESH: AMARAVATI
HON’BLE MR.JUSTIGE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO
Writ Petitloii CPIL^ No.86 of 2083
Potta Siva Prasad, S/o. late Potta Changala Rayudu, aged about 36 years, R/o.D.No.1/95, Upparapalli, New Madhavaram, Kadapa District, Andhra Pradesh - 516247. Union Bank of India, Account Number: 300012010001387, Vontimitta Village Branch, Kadapa District, PAN NO.BGWPP8109C, Aadhar No.676285669642. ..Petitioner
Versus
The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Revenue, A.P Secretariat, Velagapudi, Amaravati, Guntur District & 14 others.
...Respondents
| Counsel for the petitioner | : Mr. Jada Sravan Kumar |
|---|---|
| Counsel for respondent | |
| Nos.l,3,4&?5 | : Government Pleader for Revenue. |
| Coimsel for respondent No.2 | : Government Pleader for Panchayat Raj &? Rural Development. |
| Counsel forrespondent No.6 | ; Mr. G. Venkata Reddy, StandingCounsel. |
2
CJ a RRR, J W.P(PILL86_2023
Counsel for respondent Nos.7to 10 &? 13 to 15
; Mr. N. Siva Reddy
Dt.: 06.12.2023
P.C:
The present PIL has been filed in pubhc interest highlighting the encroachments made by some private respondents over Government land.
- According to the counter affidavit filed by the District Collector, YSR District, certain appeals are also filed against the orders passed by the Mandal Revenue Officer, which are pending ever smce.
- Be that as it may, we direct that in cases where no appeals had been filed and the period of limitation had already expired, it would be open to the official respondentstoevictthe encroachers. In such of the cases where appeals are already filed and pending with the Revenue Divisional Officer, the appeals be decided positively within a period of two months from today. Based
3
CJ a RRR, J W.P(PIL)_86_2023
upon the outcome of the appeals so filed, the actionwouldbetaken
by the Mandal Revenue Officer.
No order as to costs.
Pending miscellaneous applications, if any, shall standclosed. Sd/- P.U.V.BHASKARA RAO ASSISTANT REGISTRAR
//TRUE COPY//
To,
SECflON OFFICER
- One CC to Sri Jada Sravan Kumar, Advocate [OPUC]
- One CC to Sri G. Venkata Reddy, Sc for Gram Panchayat[OPUC]
- One CC to Sri N. Siva Reddy, Advocate[OPUC]
- Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
- Two CC’s to GP for Panchayath Raj and Rural Development, High Court of A.P. at Amaravati[OUT]
- Three CD Copies.
ssb SK
HIGH COURT
DATED:06/12/2023
ORDER
WP(PIL).No.86 of 2023
(occpic^ m: Solslolti
CLOSING THE W.P.{PIL) WITHOUT COSTS
2 issues framed by the court
Whether the High Court should direct eviction of encroachers on government land where appeals are pending.
Whether to direct authorities to expedite pending appeals against eviction orders.
Potta Siva Prasad and others
State of Andhra Pradesh and others
DHIRAJ SINGH THAKUR
R RAGHUNANDAN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
