APHC010183992019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7943/2019 Between: 1. SILARAPU HEBELU, R/O. OF AYYAPPARAJUGUDEM, LINGAPALEM MANDAL, WEST GODAVARI DISTRICT 2. SILARAPU BHASKAR RAO, R/O. OF AYYAPPARAJUGUDEM, LINGAPALEM MANDAL, WEST GODAVARI DISTRICT 3. SILARAPU KRUPAVARAM, R/O. OF AYYAPPARAJUGUDEM, LINGAPALEM MANDAL, WEST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE TAHSILDHAR, CHINTALAPUDI, WEST GODAVARI DISTRICT. 3. THE PANCHAYAT SECRETARY, AYYAPPARAJUGUDEM GRAM PANCHAYAT LINGAPALEM MANDAL, WEST GODAVARI DISTRICT. 4. CHALAPATI BHUSHANAM, OCC CULTIVATION, RIO. AYYAPPARAJUGUDEM VILLAGE, LINGAPALEM MANDAL, WEST GODAVARI DISTRICT 2 ...RESPONDENT(S): 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 topleased to issue a Writ or order or direction in the nature of Writ of Mandamus declaring action of the respondents 2 and 3 not disposing of the online application No. 20175-7532158 dated 24-04- 2017, for encroachment of road by the 4th respondent is illegal and arbitrary and consequently direct the respondents to dispose of the on- line application and to pass IA NO: 1 OF 2019 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 pleased to direct the respondents .2and 3 to dispose of the online application No. 20175¬7532158 dated 24-04-2017 and arbitrary and to pass Counsel for the Petitioner(S): 1. NARAM NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. NIMMAGADDA REVATHI The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.7943 of 2019 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India, declaring the action of Respondent Nos.2 & 3 in not disposing of the online application No.20175-7532158 dated 24.04.2017, as illegal, arbitrary and consequently, direct the respondents to dispose of the online application. 2. The learned counsel for the petitioners submits that the petitioners are permanent residents of Ayyapparajugudem Village, which falls under the jurisdiction of Respondent No.3 - the Gram Panchayat. The petitioners have constructed their houses adjacent to the property of Respondent No.4/unofficial respondent. However, Respondent No.4 illegally encroached the wall along the road margin, thereby obstructing the access and causing significant inconvenience to the petitioners. Despite the petitioners submitting an Online Application No. 20175- 7532158 dated 24.04.2017 to both Respondent Nos. 2 and 3, requesting the removal of the encroachment, no action has been taken by the concerned authorities. Therefore, the petitioners approached this Court by filing the present writ petition. 4 3. Whereas, Smt. Nimmagadda Revathi, learned counsel for Respondent No.4, submits that Respondent No.4 has not encroached upon any land or road margin, as alleged by the petitioners. She submits that, the compound wall in question was constructed entirely in his property. In the event that any encroachments are indeed found, she suggests that a survey and demarcation of the area be conducted. If any encroachments be discovered after such a survey, Respondent No.4 agrees that the authorities may proceed in accordance with the law. 4. The learned Standing Counsel for Respondent No.3, the Gram Panchayat, submits that in light of the facts and circumstances of the case, the official respondents shall conduct a survey and demarcation of the subject property. If any illegalities be identified during this process, the Gram Panchayat will take appropriate steps for the removal of such encroachments, in accordance with Section 98 of The Andhra Pradesh Gram Panchayat Act, 1994, along with the relevant rules made thereunder. 5. Considering the submissions made by learned counsel for the petitioner, learned Standing Counsel for Gram Panchayat and learned counsel for Respondent No.4, this Court finds it appropriate to dispose of the writ petition directing Respondent No.3 – Gram Panchayat to conduct a survey and demarcation of the property in question, pertaining to 5 Respondent No.4, in accordance with the provisions of the A.P. Survey and Boundaries Act. A notice shall be issued to the petitioner, Respondent No.4, and any other relevant stakeholders before proceeding with the survey. If any encroachments are identified, Respondent No.3 shall take necessary action for their removal in compliance with Section 98 of The Andhra Pradesh Gram Panchayat Act, 1994, and the Rules made thereunder. 6. Consequently, miscellaneous applications pending if any, shall stand dismissed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 04.08.2025 SP 6 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.7943 of 2019 Date: 04.08.2025 W SP