B.V. Gnanasekhar Reddy, Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 2744 OF 2025

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Between:

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B.V. Gnanasekhar Reddy, aged 41 years, S/o late B. Vasudeva Reddy, Occupation - Farmer, No. 6-17, Mogilimittoor, Mogli, Bangarupalem Mandal, Chittoor District, Andhra Pradesh - 517429,

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue, Velagapudi, Amaravathi, Andhra Pradesh - 522237.

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The District Collector, O/o the District Collectorate, Chittoor, Chittoor District, Andhra Pradesh -517001.

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The Revenue Divisional Officer, Palamaneru Division, Palamaneru, Chitoor District - 517408.

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The Tahsildar, Bangarupalem Mandal, Bangarupalem, Chittoor District, Andhra Pradesh - 517416.

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The Mandal Surveyor, Bangarupalem Mandal, Bangarupalem, Chittoor District, Andhra Pradesh - 517416.

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C.Kiran Kumar Reddy, S/o Late C.Bhaskar Reddy, Aged^about30 years. Private Employee, Mogilimitturu Post, M.Lakshmipuram Village, Bangarupalem Mandal, Chittoor District-517429

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...Respondents

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/

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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 order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the 4th respondent in not taking action on providing accessibility through^theclosed cart track which is existing from the period of my ancestors as^{showninthecertified} copy of the FMB locating the cart track in survey number 271 leading to the Sy.No.271/2B to an extent of Ac.4.84 cents situated at Mogili Village, Bangarupalem Mandal, Chittoor District is as illegal, arbitrary, violation of Articles 14 and 300-A of the Constitution of India and contrary to the A.P. Land Encroachment Act 1905, violation of principles^{ofNaturalJusticeand} subsequently direct the respondent No.4 to follow the due process of law and provide the accessibility to the petitioner land in survey number 271/2B to an extent of Ac.4.84 cents through the existing occupied cart track in survey number 271 situated at Mogili Village, Bangarupalem Mandal, Chittoor District by the 6th respondent and follow due process of law in the interest of equity, justice.

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lA NO: 1 OF 2025

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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 respondent No.4 to follow the due process of law and provide the accessibility to the petitioner land in survey number 271/2B to an extent of Ac.4.84 cents through the existing occupied cart track in survey number 271 situated at Mogili Village, Bangarupalem Mandal, Chittoor District by the 6th respondent and follow due process of law in the interest of equity, justice.

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Counsel for the Petitioner: SRI. D KISHORE KUMAR

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Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE

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The Court made the following order:

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■% APHC010049342025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3329]

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THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2744/2025

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Between:

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B.v. Gnanasekhar Reddy

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...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENTS)

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Counsel for the Petitioner;

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1.D KISHORE KUMAR

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Counsel for the Respondent(S);

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1.GP FOR REVENUE

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The Court made the following ORDER:

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This Writ Petition is filed under Article 226 of^{theConstitutionof} India seeking the following relief;

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‘to issue an order writ or direction more particularly^inthe nature of writ of mandamus declaring the action of the 4th respondent in not taking action on providing accessibility^through the closed cart track which is existing from the period^ofmy ancestors as shown in the certified copy of the FMB^locatingthe cart track in survey number 271 leading to the Sy.No.271/2B^to an extent of Ac.4.84 cents situated at Mogili Village,

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Bangarupalem Mandal, Chittoor District is as illegal arbitrary violation of Articles 14 and 300A of the Constitution of India and contrary to the A.P Land Encroachment Act, 1905 violation^of principles of Natural Justice and subsequently direct the respondent No. 4 to follow the due process of law and provide the accessibility to the petitioner land In survey number^271/2Btoan extent of Ac.4.84 cents through the existing occupied^carttrackIn survey number 271 situated at Mogili Village Bangarupalem Mandal Chittoor District by the 6th respondent and^followdue process of law in the interest of equity justiceand to pass such other order or orders... ”

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The case of the petitioner is that there is a notified cart track in Sy.No.271/2B, extending to an area of Ac.4.48 cents, situated in Mogilimiltturu Gram Panchayat, Mogili village accounts, Bangarupalem Sub-Division and Mandal, Chittoor District. This cart track has been in existence since time immemorial. However, the 6th respondent recently merged^{thecarttrackinto} his paddy land and fenced off the entire area, including^{thenotifiedcarttrack.} For which, the petitioner submitted a representation to the 4th respondent. requesting the removal of the encroachment and fencing and to restore access to the cart track for ingress and egress of those with rightful passage.

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The learned counsel for the petitioner submit that despite receiving the petitioner’s representation, the respondents authorities neither considered nor took any action to remove the encroachments. Hence, the present Writ Petition.

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' 4. On the other hand, the learned Government Pleader for Revenue appearing for the respondents furnished written instructions^{dated28.02.2025}

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issued by the respondent No.4, wherein it is stated^asfollows:-

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“On receipt of the complaint the village revenue officer, mogilil and village surveyor, mogili have^visited the suit schedule lands and learnt that C.Kiran Kumar has fences the land in Sy.No.271/2B with barbed wire covering the cart track and closed the existing car track. Having known the fact, the revenue authorities have surveyed the suit scheduled lands and eventually removed the fencing laid through the cart track with^a width of 10 ft and cleared the encroachment. That at present there is no any encroachment and the petitioner herein can freely access the cart track^and reach his lands through the existing cart track situated in Sy.No.271/2A and 271/2B of Mogili Village”.

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On perusal of the instructions issued by the 4th respondent, it is noted that steps have been taken to remove the fencing on the cart track and restored the free access for ingress and egress to the petitioner and other ryots through the notified/classified cart track. Consequently,^{thepetitioner’s} grievance has been redressed, and no further orders^{arenecessary.}

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Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

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Having considered the submissions made by the learned^counsel for the petitioner and on perusal of the written instructions issued by the 4th

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'

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respondent this court is of the considered view that in view of the clear and r categorical instructions of the respondent No.4, it is the statutory duty of the 4th respondent to ensure that the notified cart track, as recorded in the revenue records, remains as a cart track without any encroachment or obstruction. Therefore, the 4th respondent is directed to ensure that the notified cart track is not be obstructed by any ryots in and around the track, both at present and in the future.

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