APHC010263852015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10185/2015 Between: 1. TIRUVEEDI BABU,, S/0 NAGESWARA RAO, AGED ABOUT 45 YEARS, OCC: AGRICULTURAL COOLIE 2. YATAGIRI SEENAIAH, S/O KRISHNAIAH, AGED ABOUT 35 YEARS, OCC: AGRICULTURAL COOLIE 3. TUPAKULA SEENAIAH, S/O VENKAIAH, AGED ABOUT 49 YEARS, OCC: AGRICULTURAL COOLIE 4. INDIA PRASAD, INDIA PRASAD S/O NAGESWARA RAO, AGED ABOUT 33 YEARS, OCC: AGRICULTURAL COOLIE. 5. KAVARAGIRI BANGARAIAH, S/O SUNDARAMAIAH, AGED ABOUT 35 YEARS, OCC: AGRICULTURAL COOKE 6. KAVARAGIRI VIJAYAMMA, W/O RAVINDRA, AGED ABOUT 36 YEARS, OCC: AGRICULTURAL COOLIE 7. KALLURU NARASIMHA, S/O VENKAIAH, AGED ABOUT 44 YEARS, OCC: AGRICULTURAL COOLIE 8. DANARI VIJAY BHARATHI,, S/O:SUDHAKAR RAO, AGED ABOUT 30 YEARS, OCC: AGRICULTURAL COOLIE 9. KAVARAGIRI CHENCHAIAH, S/O SUBRAHMANYAM, AGED. ABOUT 32 YEARS, OCC: AGRICULTURAL COOLIE 2 VS,J W.P.No.10185 of 2015 10. S.LAYAMMA, W/O BABU, AGED ABOUT 50 YEARS OCC: AGRICULTURAL COOLIE ALL ARE RESIDENTS OF SEETHARAMPURAM ST COLONY, VEGURU, KOVUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, HYDERABAD. 2. THE DISTRICT COLLECTOR, NELLORE SPSR NELLORE DISTRICT. 3. THE TAHSILDAR, KOVUR MANDAL, SPSR NELLORE DISTRICT. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, KOVUR,. SPSR NELLORE DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, I&CAD, IRRIGATION SUB-DIVISION. BUCHIREDDYPALEM, SPSR NELLORE DIST 6. THE SPECIAL OFFICER, VEGURU GRAM PANCHAYAT VEGURU, KOVUR MANDALAM, SPSR NELLORE DISTRICT. 7. K NANDAKUMAR REDDY, S/O MASTAN REDDY, AGED MAJOR, R/O LEGUNTAPADU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. M SUGUNA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 VS,J W.P.No.10185 of 2015 2. G SESHADRI(SC FOR MPP ZPP) 3. SRINIVASA RAO BODDULURI 4. GP FOR IRRI AND CAD (AP) The Court made the following: 4 VS,J W.P.No.10185 of 2015 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…..to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in not taking any steps to prevent the 7th respondent from using heavy vehicles from the small roads in the Seetharampuram village, and to retain the Donka Poromboke land encroached by him and for taking action for damaging the Government Property, in spite of the resolution of the 6th respondent dt. 12-4-2013 and the letter of the 5th respondent dt. 10.12.2013 followed by written representation dt. 9.1.2014 as being illegal, arbitrary and unjust and consequently direct the respondent authorities to forthwith take action against the 7th respondent pursuant to the representations dt. 6.12.2013 and 9.1.2014…” 2. The petitioners herein are tribals residing in Sitarampuram S.T. Colony since time immemorial. While the matter being so, in the year 1976, the Government in the process of implementation of Indiramma Housing Scheme has constructed the houses and allotted the same to the petitioners along with other eligible beneficiaries. The case of the petitioners is that there exist a bridge with 5 feet width which is being used by the farmers of the said village to reach to Dhobighat and their lands by using small vehicles like autos etc. During the year 2001-2002, the Irrigation Department laid the road under Food for Work Scheme with an estimation of Rs.2,50,000/- and the said road is being used since then. 5 VS,J W.P.No.10185 of 2015 3. While the matter being so, the 7th respondent herein, who is having lands in Survey Nos.784/1 and 785/ with a mala fide intention removed the road and started using the soil for manufacturing the bricks in his manufacturing unit. In the process of excavation of the soil, he dug big pits as a result of which the villagers are left with no other way for their ingress and egress. In pursuance of the representation made by the petitioners, the 5th respondent has conducted a detailed enquiry and spot inspection and vide his letter dated 10.12.2013 addressed to the Executive Engineer, Nellore Central, Division, Nellore informing that there is an alternate road available/existing to the 7th respondent for use of heavy vehicles to reach to the brick unit and requested him to take necessary action by not allowing the heavy vehicles to pass through the S.T. Colony as the colony people are facing much inconvenience and hardship. In spite of the same, as no steps have been taken, the petitioners were constrained to file another representation on 09.01.2014. As no action was initiated against the 7th respondent and no orders have been passed on the said representation dated 09.01.2014, the petitioners were constrained to file the present writ petition. 4. Respondent No.3 has filed a detailed counter duly stating that the Girijans of the colony have initially submitted a representation on 18.06.2012 to the 3rd respondent stating that the 7th respondent is using the narrow road in Girijana Colony as passage for transportation of agriculture needs and bricks being manufactured adjoining the 6 VS,J W.P.No.10185 of 2015 Government land through heavy vehicles like tractors and lorries. As no action was initiated on the said representation, the residents of the colony constructed a platform on the road and erected Ganesh Statue to prevent vehicular traffic. Thereafter, the Mandal Prajaparishad Development Officer, Kovur issued notice on 21.07.2012 directing the Panchayat Secretary to remove the encroachment erected on the road in public interest. 5. It is further stated that aggrieved by the said notice, one Mr. K.Raveendra along with other residents have approached this Court by filing W.P.No.22669 of 2012 wherein this Court was pleased to pass an interim order on 04.07.2012 staying all further proceedings in pursuance of the notice dated 21.07.2012 and thereafter on 13.01.2013 the said writ petition was disposed of in the following terms: "It is not in dispute that the construction raised, and the idol installed, is on a public road. The law laid down by the Supreme Court prohibits such constructions to remain. I consider it appropriate, therefore, to permit the petitioners to remove the idol installed on the public road within one month from today failing which it is open to the respondents to take necessary action for their removal in accordance with law, and the directions issued by the Supreme Court in the judgment aforementioned. The petitioners' grievance of the 5th respondent plying heavy vehicles on the subject road to carry bricks can be addressed by way of a representation to the 1st respondent. In case the petitioners submit a representation in this regard to the 1st respondent within a period of two weeks from 7 VS,J W.P.No.10185 of 2015 today, the 1st respondent shall take necessary action, in accordance with law, within two months thereafter". 6. In pursuance of the orders passed by this Court, the Gram Panchayat passed a resolution on 12.04.2013 for construction of “Mukhadwaramu” for restriction of heavy vehicular traffic on the narrow road passing through the colony. Thereafter the petitioners in W.P.No.22669 of 2012 submitted a representation to the District Collector, SPSR Nellore District. In pursuance of the oral instructions of the then District Collector, the Assistant Engineer, Panchayat Raj, Kovur, the then Mandal Revenue Officer, Mandal Prajaprarishad Development Officer, Kovur and Special Officer, Veguru Gram Panchayat, Kovur erected an iron girder at a height of “8 feet” after removing the platform wherein Ganesh Statue was erected as per the orders in W.P.No.22669 of 2012. After erection of the said iron girder, the residents of the colony again approached the 2nd respondent stating that the girder erected at the height of 8 feet is insufficient to restrict the heavy vehicular traffic and requested to reduce the girder to the height of 5½ feet to avoid heavy vehicular traffic and thereby to avoid untoward incidents in future. The 2nd respondent on 04.11.2013 made an endorsement on the representation made by the petitioners for erection of girder at the height of 5½ feet. In pursuance of the orders of the District Collector, SPSR Nellore District, the officers concerned reduced the height of iron girder from 8 feet to 5½ feet. It is further stated that accordingly the girder was 8 VS,J W.P.No.10185 of 2015 erected at the height of 5½ feet on 27.06.2015 and as such there is no scope for passage of heavy vehicles as alleged by the petitioners and requested this Court to dismiss the writ petition. 7. Heard the learned counsel for the petitioners as well as learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Irrigation and learned counsel for 7th respondent. 8. Learned counsel appearing for 7th respondent submits that challenging the action of the respondents in constructing the 5½ feet iron girder restricting his vehicle i.e., tractor, the 7th respondent filed W.P.No.2197 of 2014 but however he has admitted that he has withdrawn the said writ petition as no further cause survives. 9. Today when the matter came up for hearing, learned Assistant Government Pleader for Revenue has furnished a copy of the instructions received from the 3rd respondent-Tahsildar wherein it is stated that he has inspected the subject field along with the Mandal Parishad Development Officer, Kovur, and Gram Panchayat Secretary, Veguru on 14.08.2025. On such inspection he has noticed that iron grid which was constructed at 5½ feet height was removed by unknown persons. As such the Mandal Parishad Development Officer, Kovur has directed the Gram Panchayat Secretary, Veguru to construct the iron girder at 5½ feet height in Girijana Colony and the same is under process. It is further stated in the said 9 VS,J W.P.No.10185 of 2015 letter that as per local enquiry at present it has been noticed that no heavy vehicles are passing in the middle of the Girijana Colony. 10. As per the counter affidavit filed by the 3rd respondent-Tahsildar and the present instructions, it can be seen that though initially on 27.06.2015 an iron girder was constructed at the height of 5½ feet for not giving any scope for passage of heavy vehicles but thereafter the same was removed by some unknown persons and having identified the same the Mandal Parishad Development Officer, Kovur has directed the Gram Panchayat Secretary to reconstruct the 5½ feet iron girder in the Girijana Colony. But, however, the same is under process. It is also to be noted that at present no heavy vehicles are passing in the middle of the Girijana Colony. 11. Considering the fact that the construction of the iron girder is under process which requires some time, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition with a direction to the respondents to complete the construction of the said iron girder at a height of 5½ feet, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of a copy of this order. 12. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 10 VS,J W.P.No.10185 of 2015 As a sequel, pending miscellaneous applications, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 18.08.2025 Ivd 11 VS,J W.P.No.10185 of 2015 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No.10185 of 2015 Date: 18.08.2025 Ivd