APHC010332272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17825/2025 Between: 1. NALLAMILLI VENKATA REDDY,, S/O. NALLAMILLI BULLIREDDY, MALE, AGED 64 YEARS, R/O. D.NO. 5-118, DEVI CENTER, PASALAPUDI VILLAGE, RAYAVARAM MANDAL B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO PANCHAYAT RAJ DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, B.R.AMBEDKAR KONASEEMA DISTRICT AMALAPURAM. 3. REVENUE DIVISIONAL OFFICER, RAMACHANDRAPURAM, B.R.AMBEDKAR KONASEEMA DISTRICT. 4. THE TAHSILDAR, RAYAVARAM MANDAL, RAYAVARAM, B.R.AMBEDKAR KONASEEMA DISTRICT. 5. THE ASSISTANT ENGINEER, R AND B DEPARTMENT, RAMACHANDRAPURAM, B.R.AMBEDKAR KONASEEMA DISTRICT. 6. CHELLURU GRAM PANCHAYAT, REP. BY ITS SECRETARY CHELLURU, RAYAVARAM MANDAL, B.R.AMBEDKAR KONASEEMA DISTRICT. ...RESPONDENT(S): 2 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 tomay be pleased to issue a writ, order or a direction, more particularly one in the nature of WRIT OF MANDAMUS declaring action on the part of Respondents in not taking any action for removal of encroachments on the road margin in front of my land in an extent of Ac.0.20 cents Sy.No.33 of Chelluru Village, Rayavaram Mandal, B.R.Ambedkar Konaseema District inspite of my representation Dt. 24.06.2025 as illegal, irregular, arbitrary and violative of provisions of Panchayat Raj Act and rules framed there under and also offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to remove the encroachments on the road margin in front of my land in an extent of Ac.0.20 cents Sy.No.33 of Chelluru Village. Rayavaram Mandal, B.R.Ambedkar Konaseema pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondents remove the encroachments in front of my land in an extent of Ac.0.20 cents Sy.No.33 of Chelluru Village, Rayavaram Mandal, B.R.Ambedkar Konaseema District by duly considering the representation dated 24.06.2025, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17825/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring action on the part of Respondents in not taking any action for removal of encroachments on the road margin in front of petitioner’s land in an extent of Ac.0.20 cents Sy.No.33 of Chelluru Village, Rayavaram Mandal, B.R.Ambedkar Konaseema District inspite of petitioner’s representation dated 24.06.2025 as illegal, irregular, arbitrary and violative of provisions of Panchayat Raj Act and rules framed there under and also offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to remove the encroachments on the road margin in front of petitioner’s land in an extent of Ac.0.20 cents Sy.No.33 of Chelluru Village, Rayavaram Mandal, B.R.Ambedkar Konaseema and pass such other order.” 2. Heard the learned counsel for the petitioner, the learned Government Pleader for the respondent Nos.2 to 4 and Sri Y.Koteswara Rao, learned Standing Counsel for respondent No.6. 3. Learned counsel for the petitioner submits the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.20 cents in Sy.No.33 of Chelluru Village, Rayavaram Mandal, Dr.B.R.Ambedkar Konaseema District. He further submits that the petitioner submitted a representation dated 24.06.2025 to respondent Nos.2 to 4 and 6 herein complaining that some third 4 parties are trying to make construction between the petitioner’s property and the R&B road margin by which closing the ingress and egress of the petitioner and trying to encroach the same. Even after receipt of the petitioner’s representation, the respondents neither considered and removed the encroachment nor issued any proceedings. Hence, the present Writ Petition. 4. On the other hand, learned Government Pleader for respondent Nos.2 to 4 furnished written instructions dated 16.07.2025 issued by the 4th respondent, wherein it is stated as follows: “In this regard, I submit that immediately on receipt of the representation of Sri Nallamilli Venkata Reddy, S/o.Bullireddy (present writ petitioner) vide reference 1st cited, detailed enquiry has been conducted into the contents of the representation and it is observed that the Sri Nallamilli Venkata Reddy, S/o.Bullireddy has got the land measuring Ac.0.20 cents in Sy.No.33 which is adjacent to the existing R & B Road in Sy.No.96 of Chelluru Village. It is further observed that there is gravel dumped in the land in between the land of Sri Nallamilli Venkata Reddy, S/o.Bullireddy and R & B Road, but there is no construction was taken up in the land. I further submit that the Secretary, Gram Panchayat, Chelluru of Rayavaram Mandal has submitted a report stating that there is no drinking water center of bus shelter constructed in the land mentioned by Sri 5 Nallamilli Venkata Reddy, S/o.Bullireddy and stated that the Gram Panchayat has not granted permission for any kind of construction in the said land. The Panchayat Secretary further stated that it was informed to the Villagers not to take up any unauthorized constructions in the subject land.” 5. Learned Government Pleader further clarified that no construction was taken up by anybody and laying of the gravel to edges is only for strengthening the R & B Road only. 6. Learned Standing Counsel for respondent No.6 submits that there are no encroachments as of now as alleged by the petitioner. It is only the apprehension of the petitioner. The gravel is purely meant for strengthening the R & B road. 7. In view of the clear and categorical submissions made by the learned Government Pleader and the learned Standing Counsel and on perusal of the written instructions issued b the 4th respondent, it is observed that the gravel which was laid in between the petitioner’s property and the R & B road is only for the purpose of strengthening the road, but not for any other construction. Further it is observed that it is the statutory duty of the respondent Nos.2 to 6 to protect the road margins as it is and no encroachments can be permitted within the road margin. In view of the same, the allegation of the petitioner that due to the alleged encroachments 6 the ingress and egress of the petitioner may affect is only an apprehension of the petitioner. 8. In view of the facts and circumstances as stated above, the Writ Petition is closed. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2244..0077..22002255 TTPPSS 7 36 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:17825 of 2025 2244..0077..22002255 TTPPSS