Punyamnanthula Lovaraju S/o Kamaraju v. State of Andhra Pradesh
2025-08-21
VENKATESWARLU NIMMAGADDA
body2025
DigiLaw.ai
-. ORDER : 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “Pleased to issue a writ of Mandamus, or any other appropriate writ, order direction, declaring the action of the 4 Respondent in issuing Show Cause Notice vide Rc. No. 02/Encroachment Notice/2025, dated 06-08-2025, alleging that the Petitioners encroached graveyard land to an extent of (Ac. 0.20 cents, Ac. 0.187 cents, Ac. 0.204 cents, Ac. 0.094 cents, Ac. 0. 02 cents, Ac. 0.264 cents, Ac. 0.093 cents, Ac. 0.027 cents, Ac. 0.093 cents, Ac. 0.21 cents and Ac. 0.125 cents) out of Ac. 3.41 cents in Survey No. 207, Old Manjeru Village, Kajuluru Mandal, Kakinada District, despite knowing the fact that the Petitioners are residing in the same property since 40 years and taxes also levied and further trying to disposes the Petitioners without considering the explanations given by them on 13-08-2025, as illegal, arbitrary, and violative of Articles 14, 16 and 300A of the Constitution of India and consequently quash/set aside the said notice and all action taken pursuant thereto and pass.” 2. Heard the learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Revenue and learned Standing Counsel for the respondent-Gram Panchayat. 3. The learned counsel for the petitioners submits that the petitioners are in possession of the land to an extent of Ac.0.20 cents, Ac.0.187 cents, Ac.0.204 cents, Ac.0.094 cents, Ac.0.02 cents, Ac.0.264 cents, Ac.0.093 cents, Ac.0.027 cents, Ac.0.093 cents, Ac.0.21 cents and Ac.0.125 cents out of Ac.3.41 cents respectively in Survey No.207, Old Manjeru Village, Kajuluru Mandal, Kakinada District, since four decades and they have been eking out their livelihood by doing agricultural operations in respect of the subject lands. 4. However, the 4th respondent-Gram Panchayat issued show-cause notices dated 06.08.2025 to the petitioners without conducting and demarcation in accordance with law a proper survey as prescribed under the Andhra Pradesh Survey and Boundaries Act, 1923 (for short, 'the Act'), and without issuing any prior notice. Hence, the Writ Petition. 5. On the other hand, the learned Government Pleader for furnished a copy of written instructions issued by the Revenue has 4th respondent, wherein, it is stated that the land in Sy.No.207 admeasuring to an extent of Ac.3.41 cents, has been classified and notified as a Government burial ground for the benefit of the public or entire villagers of the respondent-Gram Panchayat. 6.
6. While being so, the subject property which is situated in the said survey number has been encroached upon by the petitioners herein, along with some Others from the same village. To identify these encroachments, the respondents have conducted a survey and found that the petitioners, in total of 18 individuals, have occupied the land as described in the impugned notices dated 06.08.2025, thereby preventing its use for the purpose for which it was designated and notified. 7. It is further submitted that, in accordance with the terms of G.O.Ms.No.188, dated 21.07.2011, and Section 55 of the Andhra Pradesh Panchayat Raj Act, 1994, the Gram Panchayat, which is a local authority and custodian of community properties that are vested with the 1st respondent, has duty bound to protect such properties. Accordingly, in compliance with G.O.Ms.No.188, the Gram Panchayat initiated steps for the removal of encroachments in accordance with the Provisions of Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994. 8. The learned Government Pleader further submitted that let the petitioners may submit their explanation to the said notices. Thereafter, the respondents will consider the explanation and pass a speaking order, duly taking into account regarding the petitioners’ longstanding possession and rights over the subject property. 9. It is further submitted that the encroachments were identified after having a proper survey as conducted by the respondents. 10. Considering the submissions made by the learned counsel for both the parties and on perusal of the material on record as well as the written instructions submitted by the 4th respondent, it is observed that the subject property, admeasuring to an extent of Ac.3.41 cents in Sy.No.207, Old Manjeru Village, Kajuluru Mandal, Kakinada District, has been notified burial ground, as per the records of the 4th respondent-Gram Panchayat. Once the subject land is notified for a specific purpose, it should be treated community land in accordance with G.O.Ms.No.188, dated 21.07.2011. Further, as per Section 55 of the Andhra Pradesh Panchayat Raj Act, 1994, the Gram Panchayat is obligated to protect public/community properties well as properties vested with the 1st respondent. 11. As contended by the learned counsel for the petitioners, the petitioners have been in peaceful possession and enjoyment of their respective properties for over 40 years, although this has not been conclusively proven by the documents filed.
11. As contended by the learned counsel for the petitioners, the petitioners have been in peaceful possession and enjoyment of their respective properties for over 40 years, although this has not been conclusively proven by the documents filed. If the petitioners are able to establish their possession and enjoyment of the subject property, even if by way of encroachment, for a period exceeding three decades, they may be entitled to due process in accordance with the legal principles laid down by the Hon’ble Apex Court in Government of Andhra Pradesh vs. Thummala Krishna Rao and Another, 1982 AIR 1081 for which, the petitioners are under obligation to submit evidence and substantiate their possession and longevity by producing the documents available to them. 12. It is further observed from the impugned notices dated 06.08.2025 that the respondents have already conducted a survey and identified the encroachments, but the notices do not specify when the survey was conducted or in whose presence the survey took place and who were issued notices. In the absence of such details, the alleged survey said to have been conducted not in accordance with the Provisions of the Act, 1923. 13. In view of the facts and circumstances as stated above, the petitioners are directed to submit a detailed explanation along with supporting documents to substantiate their claim of longstanding possession over and above the subject land. Upon such submission, the respondents, after considering the same, shall, if necessary, conduct a detailed survey and demarcation in accordance with the procedure as prescribed under the Provisions of the Act, and thereafter pass a reasoned speaking order. If, during this process, the respondents find that the petitioners have been in possession over their respective extents for decades together, they shall follow the due procedure as laid down by the Hon’ble Apex Court in Government of Andhra Pradesh vs. Thummala Krishna Rao and Another. Till the completion of the entire exercise, there shall be an order of status-quo obtaining as on today shall be maintained by all the parties concerned in respect of the petitioners’ subject property. 14. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.