::1:: APHC010319642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16546/2025 Between: 1. TEEGLA SRIDHAR, S/O. RAMA KRISHNA, AGE 48 YEARS, OCC. BUSINESS, R/O. D.NO. 5-128, NEAR SBI MAIN ROAD, DEVARAPALLI VILLAGE AND MANDAL, EAST GODAVARI DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE ENGINEERIN CHIEF R AND B, ADMINISTRATION AND NH, ROOM NO . 509, HOD BUILDINGS, M.G.ROAD, VIJAYAWADA, 3. THE EXECUTIVE ENGINEER, R AND B KOVVUR DIVISION, KOVVUR, EAST GODAVARI DISTRICT. 4. THE TAHSILDAR, DEVARAPALLI MANDAL EAST GODAVARI DISTRICT. 5. THE DEVARAPALLI GRAMA PANCHAYAT, REP. BY ITS SECRETARY, DEVARAPALLI VILLAGE AND MANDAL, WEST GODAVARI DISTRICT 6. PAIAKA VARAHALU, S/O. YELLAIAH, AGED ABOUT 42 YEARS, OCC.BUSINESS, R/O. 11-124, DEVARAPALLI VILLAGE AND MANDAL, EAST GODAVARI DISTRICT- 534313 ...RESPONDENT(S): 2 This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ, One in the nature of a Writ of Mandamus under Article 226 of the Constitution of India declaring the action of the 4th respondent in not taking action to remove the illegal/unauthorized construction of 6th respondent by encroaching government land i.e. 20 feet's of Road and increased road Might 3 feet's situated at Infront of the 6th respondent house Devarapalli Village and Mandal, East Godavari District, though petitioner made representation dated 29.04.2025 as illegal, arbitrary and violative of Article 14, 21 of Constitution of India and also violative of AP Panchayat Raj Act and consequently direct the respondents No.4 to remove unauthorized construction of 6th respondent by encroaching government land i.e Road forthwith and pass 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Roads and Buildings appearing for respondent Nos. 1 to 4, and the learned Standing Counsel for the Gram Panchayat appearing for the 5th respondent. 3. The learned counsel for the petitioner submits that the unofficial respondent, i.e., the 6th respondent herein, is carrying out illegal construction of a shed and dumping gravel by raising the road level by 3 feet. Furthermore, he has constructed a staircase on the road, due to which waste water is not flowing down and is 3 stagnating in front of the petitioner’s house. These activities are being carried out by encroaching upon the road margin situated in Devarapalli Village and Mandal, East Godavari District, without any prior permission or approval from the competent authority. In this regard, the petitioner made a representation to the 3rd respondent on 31.05.2025 through online mode, and again on 29.04.2025 to the 5th respondent, requesting for removal of the unauthorized construction on the road margin and the elevated road level raised by the 6th respondent. Even after receipt of the representations of the petitioner, the respondent authorities neither considered nor removed the encroachments nor issued any proceedings so far. Hence, the present writ petition. 4. On the other hand, the learned Standing Counsel furnished written instructions dated 30.07.2025, issued by the 5th respondent, wherein it is stated that, in view of the directions of this Court dated 08.07.2025, the 5th respondent, i.e., the Grama Panchayat, inspected and verified the alleged illegal construction by the 6th respondent. Upon having physical verification, it appears that the 6th respondent has encroached upon the road margin and carried out illegal construction. It is further stated that the said encroachment 4 can be removed after conducting a proper survey and demarcation with the assistance of the Roads and Buildings Department as well as the Mandal Surveyor. It is also stated that, with the cooperation of the said two departments and after completion of demarcation, the 5th respondent Grama Panchayat will proceed with the removal of the encroachments, as alleged by the petitioner, in accordance with the provisions of the A.P. Panchayat Raj Act, 1994. 5. Having regard to the submissions made by the learned counsel for the petitioner, the learned Assistant Government Pleader for Roads and Buildings appearing for respondent Nos. 1 to 4, and the learned Standing Counsel for the Gram Panchayat appearing for the 5th respondent, and on perusal of the material placed on record, it is observed that admittedly there is no approval or prior permission in favour of the 6th respondent to carry out any construction whatsoever. It is further observed that, pursuant to the written instructions issued by the 5th respondent-Gram Panchayat, the 6th respondent has encroached upon a some portion of the road margin and constructed an ACC roof shed without valid permission. It is further observed that, any such encroachment shall be removed by the 5th respondent, i.e., Gram panchyat, since the road 5 margin falls within the jurisdiction of the Gram Panchayat, and in compliance with the provisions of the Andhra Pradesh Panchayat Raj Act, 1994. Therefore, a survey and demarcation shall be conducted with the cooperation of the Executive Engineer, Roads and Buildings Department, i.e., respondent Nos. 3 and 4 herein. It is the statutory duty cast upon the 5th respondent to act in accordance with the provisions of the A.P. Panchayat Raj Act, 1994 and also to comply with Article 58(b) of the Constitution of India for the protection of Government properties situated within its jurisdiction. Accordingly, respondent Nos. 3 and 4 are directed to cooperate with the 5th respondent in carrying out the survey and demarcation of the encroachment made by the 6th respondent, pursuant to the written instructions issued by the 5th respondent. The entire exercise shall be completed at the earliest, and in any event, not later than three (03) months from the date of receipt of a copy of this order. 6. With the above direction, writ petition is disposed of. No costs. 6 As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 30.07.2025 klk 7 144 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.16546 of 2025 30.07.2025 klk