::1:: APHC010274042020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18096/2020 Between: 1. VADDI GOPALA KRISHNA, , S/O. LATE MOHAN RAO AGED 48 YEARS, OCC BUSINESS, DOOR NO. 3-11-57/58, KARANAM STREET, MANDASA VILLAGE, MANDASA MANDALAM, SRIKAKULAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS., PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT PANCHAYATH OFFICER, SRIKAKULAM DISTRICT, SRIKAKULAM. 3. THE DIVISIONAL PANCHAYATH OFFICER, TEKKALI DIVISION, TEKKALI, SRIKAKULAM DISTRICT. 4. THE EXTENSION OFFICER, PANCHAYATH RAJ AND RURAL DEVELOPMENT, MANDAL PARISHAD, MANDASA, SRIAKULAM DISTRICT. 5. THE PANCHAYAT SECRETARY CUM EXECUTIVE OFFICER, MANDASA GRAM PANCHAYATH, MANDASA, ::2:: MANDASA MANDALAM, SRIKAKULAM 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 or order or a direction more particularly in a nature of WRIT OF MANDAMUS declaring the action of the Respondent Nos.2 to 5 in Proposing to construct a Water Tank on the Road (Karanam Street) of Mandasa Village, Mandasa Mandalam in Srikakulam District by closing my free access to my house cum shop and further direct the Respondents 2 to 5 not to construct any Water Tank on the Road of Karanam Street obstructing my free access to my house cum shop under construction and to pass Counsel for the Petitioner: 1. VISWANATH N Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.18096 of 2020 This Court made the following ORDER: Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj for respondents and perused the material placed on record. 2. The case of the petitioner is that the respondents are trying to make construction of water tank at the road margin of karanam Street of Mandasa Village, Mandasa Mandal in Srikakulam District, by which the respondents are causing obstruction for petitioner’s ingress and egress to reach his house-cum-shop. Learned counsel for the petitioner further submits that the subject land is a road margin and respondents cannot convert the road margin for any other purpose. He further submits that even though the said road margin vested with Gram Panchayat, the Gram Panchayat cannot permit to convert the subject land for any other purpose once the subject land is earmarked as road margin. He further submits that as per directions of this Court dated 27.11.2020, no construction of water tank was taken place at the subject land. ::4:: 3. Learned Standing Counsel for the Respondents submits that in view of interim directions of this Court dated 27.11.2020, water tank was not constructed as alleged by the petitioner and further stated that if Gram Panchayat intend to make construction at the subject place the Gram Panchayat will follow due process as contemplated under the Act. 4. As contended by learned counsel for the petitioner the proposed construction of overhead water tank was not taken place at the subject place which is earmarked for road margin. It is further admitted by both the counsel that in view of the interim orders dated 27.11.2020 of this Court, no construction was taken place at the subject land. 5. As contended by learned Standing Counsel, if Gram Panchayat intend to make any construction at the subject land, they will follow due process of law as contemplated under the Act. 6. With the above observation, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 14.10.2025 krk ::5:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.18096 of 2020 DT: 14.10.2025 krk 78