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2025 DAILYLAW 16920 (AP)

R.N. Jyoothinath v. The State of Andhra Pradesh,

WP/12075/2025 · 2025-09-18

Venkateswarlu Nimmagadda

body2025

Judgment text

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1 NV,J W.P.No.12075 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:12075 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the respondent authorities more particularly Respondent No.5 in considering representation dated 03.04.2025 to take action against the encroachment of land ingress and egress on main road margin “road from Bangarupalyam – Gajullapalli road to Thumbapalyam via Thumbakuppam in Bangarupalyam Mandal, violative of Articles 14, 16, 21 of the Constitution of India and consequently direct Respondent No.5 to consider representation dated 03.04.2025.” 2. Learned counsel for the petitioner submits that, the petitioner submitted representation dated 03.04.2025 to the authorities requesting to remove the encroachments of land ingress and egress on main road margin “road from Bangarupalyam – Gajullapalli road to Thumbapalyam via Thumbakuppam in Bangarupalyam Mandal. Even after receipt of representation dated 03.04.2025, the respondents have not acted upon the same and not removed the encroachments. Hence the writ petition. 2 NV,J W.P.No.12075 of 2025 3. On the other hand, learned Government Pleader for Revenue furnished written instructions issued by the Tahsildar, Bangarupalem Mandal in dated 19.05.2025 and submits that, Respondent No.4 already issued notices to the encroachers in land of an extent of Ac.0-80 cents in Sy.No.313 of Bangarupalyam Mandal, Chittoor District and the respondents are proceeding with further action or removal of the same. 4. Whereas, learned Standing Counsel appearing for Respondent No.6 furnished written instructions dated 11.09.2025 issued by the Panchayat Secretary, Thumbakuppam Gram panchayat, admitting about encroachments and steps being taken for removal of the same. 5. Considering the submissions made by learned counsel for the petitioner, learned Government Pleader for Revenue and learned Standing Counsel for Respondent No.6, and on perusal of the written instructions placed before this Court, undisputedly, there are encroachments in respect of land of an extent of Ac.0-80 cents in Sy.No.313 of Bangarupalyam Mandal, Chittoor District, which is classified as gram panchayat road, for which, the respondent issued notices initiating steps for removal of the encroachments. The claim of the petitioner in the writ petition is for removal of encroachments by the unofficial respondents in respect of gram panchayat road in compliance of Section 58 of the Andhra Pradesh Panchayat Raj Act, 1994. Further, in view of the clear and categorical admission made by the learned Standing 3 NV,J W.P.No.12075 of 2025 Counsel appearing for Respondent No.6 Gram Panchayat that respondents are proceeding with removal of encroachments by following due process of law, as contemplated under Sections 58 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994, the respondents are directed to follow due process of law while removing the encroachments. 6. With the above direction, writ petition is disposed of. No costs. 7. Consequently, miscellaneous applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt:19.09.2025 SP 4 NV,J W.P.No.12075 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12075 of 2025 19.09.2025 W SP