1 APHC010256742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13847/2025 Between: 1. CHALAMALA NAGESWARA RAO, S/O LATE SATYANARAYANA, AGED 54 YEARS, OCC BUSINESS, R/O 3-6, BHOGOLU VILLAGE, LINGAPALEM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PANCHAYAT WING ELURU DISTRICT AT ELURU, ERSTWHILE WEST GODAVARI DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT, ELURU, ERSTWHILE WEST GODAVARI DISTRICT. 4. BHOGOLU GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM- PANCHAYAT SECRETARY BHOGOLU VILLAGE, LINGAPALEM MANDAL ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 2 5. THE ASSISTANT ENGINEER R AND B, CHINTHALAPUDI VILLAGE AND MANDAL ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 6. THE TAHSILDAR, LINGAPALEM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 7. SRI BADUGU RANGA RAO, S/O RAMASWAMY, AGED 45 YEARS, R/O BHOGOLU VILLAGE, LINGAPALEM MANDAL, ELURU DISTRICT. 8. SRI GOLKONDA SEETHAIAH, S/O VEERASWAMY, AGED 55 YEARS, R/O BHOGOLU VILLAGE, LINGAPALEM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 9. SRI PALAGANI RAMU, S/O VENKATADRI, AGED 35 YEARS RIO BHOGOLU VILLAGE, LINGAPALEM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. ...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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents 2 to 6 particularly 4 respondent on the petitioners representation dt. 16.02.2025 submitted for removal of encroachment on Panchayat Public Road Margin (situated in Sy. Nos. 483 and 484) in Bhogolu Revenue Village, Lingapalem Mandal, Eluru District, being encroached upon by Respondents 7 to 9 by constructing unauthorized sheet-roofed sheds, thatched houses and tiled structures without obtaining any necessary permissions, thereby blocking access to the petitioners house site, as illegal, irregular, irrational, violative of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and Andhra Pradesh Land Encroachment Act, 1905 and rules frame there under and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 6 particularly 4th respondent to remove the said encroachments on the public road margin and restore the road margin free from encroachment for the petitioners ingress and egress and access to the Road and pass 3 Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. GP FOR REVENUE 4. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 5. AVANIJA INUGANTI 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.13847 of 2025 This Court made the following ORDER: This Writ Petition has been filed seeking writ of mandamus to declare the inaction on the part of the respondents 2 to 6 particularly the 4th respondent on the petitioner’s representation dated 16.02.2025 submitted for removal of encroachment on Panchayat Public Road Margin (Situated in Sy.Nos.483 and 484) in Bhogolu Revenue Village, Lingapalem Mandal, Eluru District, being encroached upon by Respondents 7 to 9 by constructing unauthorized sheet-roofed sheds, thatched houses and tiled structures without obtaining any necessary permission, thereby blocking access to petitioner’s house site, as illegal and arbitrary and consequently sought a direction to Respondent Nos.2 to 6 particularly the 4th respondent to remove the said encroachments on the public road margin and restore the road margin free from encroachment for the petitioner’s ingress and egress. 2. Learned counsel for the petitioner submits that the petitioner is absolute owner and possessor of a house site admeasuring 2420 square 5 yards situated in Sy.No.482-3 of Bhogolu Village, which the petitioner acquired through a registered sale deed bearing Document No.10413/2022, dated 12.12.2022 from its lawful owner. 3. While so, without there being any lawful permission or authorization from the competent authorities, the Respondents 7 to 9 have been actively encroaching upon the public road margin adjacent to petitioner’s house site, which is situated in Sy.Nos.483 and 484 and making unauthorized structures. Their unauthorized occupation and illegal constructions have not only trespassed upon government property meant for public use but have also caused an unlawful and unjust obstruction to petitioner’s rightful access to the public road. Being aggrieved by the said illegal activities, the petitioner submitted a detailed representation dated 16.02.2025 to the concerned authorities explaining about the illegal constructions by the Respondent Nos.7 to 9. But so far no action has been taken by the respondent authorities. Hence the writ petition. 4. Heard learned counsel for the petitioner and learned Standing Counsel for the Respondent No.4. 5. On the other hand, learned Standing Counsel for Gram Panchayat submitted written instructions furnished by the 4th respondent wherein it is admitted that the R & B road margin situated in Sy.No.482-3, which is situated in front of the petitioner’s house site has been encroached by 6 respondent Nos.7 to 9 and further stated that steps will be taken for removal of the same. 6. Learned counsel representing un-official respondents herein reported that they have already submitted explanation to the notices issued by the Gram Panchayat and the same should be considered while passing the orders. 7. Therefore, the Writ Petition is disposed of with a direction to the official respondents, particularly the 4th Respondent herein to forthwith take steps for demolition of the illegal constructions made by Respondent Nos.7 to 9 on the road margin of R & B road within four (04) weeks from the date of receipt a copy of this order and make the entire road in question accessible to the people as a passage to have free access to their property. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 02.09.2025 krk 7 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.13847 of 2025 02.09.2025 krk 102