Andhra Pradesh High Court · 2026

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 order direction more particularly 2 SRK, J W.P.No.21498 of 2026 one in the nature of Writ of MANDAMUS, declare the action of the Respondents seeking demolition of the Petitioners House bearing No.12-131 with House assessment No. 1331 situated at Dondapudi Village, Gopalapuram Mandal, East Godavari District, as illegal, arbitrary and contrary to the provisions of AP Panchayat Raj Act. Consequently, direct Petitioner's house bearing No. 12-131 with House assessment No. 1331 situated at Dondapudi Village, Gopalapuram Mandal, East Godavari District the Respondents not to demolish IA NO: 1 OF 2026 Petition under Section 151 CPC praying circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay of all further proceedings including demolition of the Petitioner's house bearing No. 12-131 assessment No.1331 situated at Dondapudi Village, Gopalapuram Mandal, East Godavari District pending disposal of the above writ petition IA NO: 2 OF 2026 Petition under Section 151 CPC praying circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioners herein to be impleaded as respondents 5 and 6 in the above W.P.No. 21498 of 2026 and to pass Counsel for the Petitioner:

1. POLOTHI RAGA SAMYUKTHA Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 SRK, J W.P.No.21498 of 2026 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 21498 OF 2026 O R D E R Heard Ms.Polothi Raga Samyuktha, learned counsel for the Writ Petitioner, the learned Assistant Government Pleader for Panchayat Raj and Rural Development, and the learned Standing Counsel for Gram Panchayat.

2. This Writ Petition is filed seeking the following relief: “….to issue order or direction more particularly one in the nature of Writ of Mandamus, declare the action of the respondents seeking demolition of the petitioner’s house bearing No.12-131 with House Assessment No.1331 situated at Dondapudi Village, Gopalapuram Mandal, East Godavari District, as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, and consequently direct the respondents not demolish the petitioner’s house bearing No.12-131 with House Assessment No.1331 situated at Dondapudi Village, Gopalapuram Mandal, East Godavari District and to pass such other order or orders…”

3. Contents of the affidavit filed by the petitioner, in brief, are that the petitioner is a landless poor and she is in possession and enjoyment of the house bearing No.12-131, House Assessment No.1331 situated at Dondapudi Village, Gopalapuram Mandal, East Godavari District; that originally, the said house property was situated at Sy.No.204-2, which was classified as AWD lands (Government 4 SRK, J W.P.No.21498 of 2026 Land), in which she constructed a shed in the said property and the petitioner along with her family members have been living in the said house for several years. (b) That the respondent No.4-Gram Panchayat assessed the property and allotted Assessment No.1331 and collected house tax regularly and also provided water connection and electricity service connection. The respondent No.3 served Notice to the petitioner on 18.07.2026 at 10.30 a.m. directing her to vacate the house immediately, as they are demolishing the house. Though the subject land was classified as Government poramboke, in the absence of vesting rights to respondent Nos.3 and 4, they have no power to evict the petitioner from the subject land. The respondent No.3, without having any power, is trying to demolish the house of petitioner. Hence, the Writ Petition.

4. Learned Standing Counsel appearing for 4th respondent would contend that the land in question forms part of the playground attached to the Zilla Parishad High School and belongs to the Government. He further submits that the petitioner has been residing in the subject property for a long time without possessing any document evidencing title or lawful entitlement. Merely because electricity and other amenities have been provided to the petitioner, 5 SRK, J W.P.No.21498 of 2026 she cannot claim any right, title, or interest over the subject property, particularly when it is admitted that the land belongs to the Government. It is therefore contended that the District Collector and the other competent authorities are empowered to initiate appropriate proceedings in accordance with law for eviction of the petitioner.

6. Perused the entire material available on record. According to petitioner, she is a landless person and she has been in possession and enjoyment of the house bearing No.12- 131, House Assessment No.1331 situated at Dondapudi Village, Gopalapuram Mandal of East Godavari District and the said property is situated in Survey No.204-2, which is classified as Government Land.

7. According learned Standing Counsel for Gram Pancahyat, the land in question forms part of the playground attached to the Zilla Parishad High School and belongs to the Government.

8. The subject matter of the present case was already dealt by a Division Bench of this Court in Writ Petition (PIL) No.140 of 2022 and Batch, wherein, the Division Bench of this Court, in regard to protecting the government lands of different classifications viz. tank land/grama kantham/burial ground/forest land/road margin/ 6 SRK, J W.P.No.21498 of 2026 playground/cart track/hill poramboke/coastal areas/ grazing land etc., considering the matter in its entirety and the significant public interest involved, vide Common Order dated 14.09.2022, issued the following directions to the authorities concerned: (i) The Executive authority i.e. Panchayat Secretary, of the respective Gram Panchayats in the State shall identify the Gram Panchayat land, which are unauthorizedly occupied/encroached, and take steps for removal of such encroachments by issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers in terms of the procedure prescribed in Andhra Pradesh Gram Panchayats (Protection of Property) Rules, 2011, notified vide G.O.Ms.No.188, Panchayat Raj & Rural Development (Pts.IV) Department, dated 21.07.2011. This complete exercise shall be done within a period of six months from today. (ii) So far as the encroachments over the lands concerning the Municipalities/Forest Department/Revenue Department are concerned, even if no separate Rules have been framed prescribing the procedure to be followed in the matter of removal of encroachments over those lands, the officials of the concerned Departments, i.e., the Departments of Municipal Administration, Forest and Revenue, shall also undertake and complete the exercise of identification of unauthorized occupations/encroachments over belonging to their respective Departments, within a period of two months from today, and thereafter, take steps for removal of such encroachments by following the principles of natural justice, i.e., issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers, within a further period of four months.” 7 SRK, J W.P.No.21498 of 2026

9. In the case on hand also, according to the petitioner herself, she is a landless person and the land in which, she constructed a shed and which she has been in possession and enjoyment along with her family members, is classified as Government poramboke. Encroaching of public property is an unauthorized act, and paying property taxes or having utility connections like electricity or water on Government poramboke land does not grant legal ownership or right over the same.

10. Therefore, having regard to the facts and circumstances of the case, this Court directs the respondent authorities to act upon and follow the directions issued by the Division Bench of this Court in Writ Petition (PIL) No.140 of 2022 and batch, dated 14.09.2022 scrupulously, and as already notice was issued to the petitioner, the respondent authorities are directed to demolish the structure, bearing No.12-131, House Assessment No.1331 situated at Dondapudi Village, Gopalapuram Mandal, East Godavari District within a period of Three (03) months from the date of receipt of copy of this Order, duly notifying the date and time of demolition, after taking all necessary precautions therefor such as disconnecting power supply. The respondent authorities are further directed to take the aid of requisite police force at the time of demolition of the structure to 8 SRK, J W.P.No.21498 of 2026 ensure safety, security as well as maintenance of law and order. It is needless to mention here that the belongings, if any, lying in the subject structure, of the occupants of the said structure be shifted to a safer place by the occupants within a period of Two (02) weeks from the date of receipt of copy of this order, failing which, the authorities concerned are at liberty to do so at the expenses of the petitioner.

11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 24th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓ Note: Registry is directed to annex copy of Common Order dated 14.09.2022 passed by a Division Bench of this Court in Writ Petition (PIL) No.140 of 2022 and batch. B/o. DNB