APHC010442652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22476/2025 Between: 1. THORAM NAGESWARA RAO, S/O. RAMA KRISHNA MANOHAR RAO. AGED ABOUT 46 YEARS, MALE, R/O. D.NO.2-92. THOGAMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPLE SECRETARY, PANCHAYATI RAJ DEPARTMENT, SECRETARIAT BUILDINGS, NELAPADU, AMARAVATHI. 2. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 3. THE DIVISIONAL PANCHAYAT OFFICER, KOVVURU DIVISION. EAST GODAVARI DISTRICT. 4. THOGAMMI GRAM PANCHAYAT, REP. BY PANCHAYAT SECRETARY, THOGAMMI VILLAGE, KOVVURU MANDAL. EAST GODAVARI DISTRICT. 5. THE MANDAL TAHSILDAR, KOVVURU MANDAL, KOVVURU, EAST GODAVARI DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, KOVVURU, EAST GODAVARI DISTRICT. 7. THE ASSISTANT EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, KOVVURU, EAST GODAVARI DISTRICT. 2 8. THE STATION HOUSE OFFICER, KOVVURU RURAL POLICE STATION, KOVVURU, EAST GODAVARI DISTRICT. 9. MADDINAL SOMANNABABU, M/O.SATYAVATHI, AGED ABOUT 45 YEARS, MALE, D.NO1-56, 2ND WARD. AUTO DRIVER, THOGUMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. 10. MELLIMI VIJAYA JAYA, S/O. BHIMANNA, AGED ABOUT 48 YEARS, MALE, D.NO 1-48, WARD, AUTO DRIVER, THOGUMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. 11. PALANGI VEERAJU, S/O. RAJU, AGED ABOUT 58 YEARS, MALE, D.NO1-58, 2ND WARD. AUTO DRIVER, THOGUMMI VILLAGE, KOVVUR MANDAL EAST GODAVARI DISTRICT. 12. BONETI RAVITEJA, S/O.BABURAO, AGED ABOUT 34 YEARS. MALE R/O. D.NO 1-22, MAHINDRA FINANCE PRIVATE LIMITED, RECOVERY AGENT, 1ST WARD, THOGUMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. 13. CHINTAPALLI KISHORE, S/O. DRAMARAJU, AGED ABOUT 31 YEARS, MALE, AUTO DRIVER, R/O.D.NO1-58, 2ND WARD, THOGUMMI VILLAGE KOVVUR MANDAL, EAST GODAVARI DISTRICT. 14. AMBATI ABRAHAM, S/O. LAZAR, AGED ABOUT 53 YEARS, MALE, COOLIE, R/O. D.NO1-29,1ST WARD, THOGUMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. 15. VARDDNAPU RAJASEKAR, S/O.PRASADARAO, AGED ABOUT 28 YEARS, MALE, THAPI MESTHRI, R/O. D.NO.1-18, 1ST WARD, THOGUMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT. 16. TATIPATRI VENKATA RAO, S/O. MAHALAKSHMI, AGED ABOUT 45 YEARS, MALE, R/O. D.NO.1-27, 1ST WARD, THOGUMMI VILLAGE, KOVVUR MANDAL, EAST 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 topleased to issue an appropriate writ, order or direction more 3 particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Nos.2 to 8 in not taking steps for removal of encroachments and flexies erected by the unofficial respondents and their henchmen opposite to my land by blocking ingress and egress to my landed properties in an extent of Ac.1.71 cents in R.S.No.90/IE, 90/IB of Thogummi Village, Kovvur Mandal, East Godavari District from the main road inspite of injunction orders in I.A.No.324 of 2021 in O.S.No.248 of 2021 on the file of the Principle Junior Civil Judge, Kovvuru, East Godavari District, Order in W.P.No.16145 of 2023, dated 06.07.2023 as illegal, irregular, arbitrary and violation of the provisions of the Panchayat Raj Act and Rules framed there under and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the official respondents to remove the encroachments in front of my landed property, which is blocking my ingress and egress and take appropriate action against the unofficial respondents for causing obstructions to my landed property in an extent of Ac. 1.71 cents in R.S.No.90/1E, 90/1B of Thogummi Village Kovvur Mandal, East Godavari District and to 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 pleased to direct the official respondents to remove the encroachments and flexies in front of my landed property, which is blocking my ingress and egress and take appropriate action against the unofficial respondents for causing obstructions to my landed property in an extent of Ac.1.71 cents in R.S.No.90/1E, 90/1B of Thogummi Village, Kovvur Mandal, East Godavari District and to pass IA NO: 2 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 pleased to direct the Panchayat Secretary, Thogammi Village, Kovvuru Mandal, East Godavari District and Station House Officer, Kovvuru Rural Police Station to take appropriate action against the unofficial respondents and their henchmen including registration of the criminal cases for repeated violation of the orders of the Hon’ble Court in W.P.No.16145 of 2023 dated 06.07.2023 and to pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO 4 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME The Court made the following: 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22476/2025 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 the action of the respondent Nos.2 to 8 in not taking steps for removal of encroachments and flexies erected by the unofficial respondents and their henchmen opposite to petitioner’s land by blocking ingress and egress to petitioner’s landed properties in an extent of Ac.1.71 cents in R.S.No.90/IE, 90/IB of Thogummi Village, Kovvur Mandal, East Godavari District from the main road inspite of injunction orders in I.A.No.324 of 2021 in O.S.No.248 of 2021 on the file of the Principle Junior Civil Judge, Kovvuru, East Godavari District, Order in W.P.No.16145 of 2023, dated 06.07.2023 as illegal, irregular, arbitrary and violation of the provisions of the Panchayat Raj Act and Rules framed there under and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the official respondents to remove the encroachments in front of petitioner’s landed property, which is blocking petitioner’s ingress and egress and take appropriate action against the unofficial respondents for causing obstructions to petitioner’s landed property in an extent of Ac.1.71 cents in R.S.No.90/1E, 90/1B of Thogummi Village, Kovvur Mandal, East Godavari District and pass such other order.” 2. Heard the learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 to 3 and 5 to 7 and the learned Standing Counsel for respondent No.4. 3. Learned counsel for the petitioner submits that the unofficial respondent Nos.9 to 16 herein have encroached the R & B 6 road margin in R.S.No.71 of Thogammi Village, Kovvur Mandal and erected cement benches and flexies to spend evening times leisurely. By which, they are obstructing the ingress and egress of the petitioner to reach his land situated in Sy.No.90/1E, 90/1B. For which, the petitioner submitted a complaint/representation to the Gram Panchayat requesting to remove the unauthorized encroachment at the R & B road margin which is causing inconvenience to the petitioner. Even after receipt of the representation, the respondents are neither proceeding with the removal of the encroachments nor issued any proceedings. Hence, the present Writ Petition. 4. Learned counsel for the petitioner also reiterates that in similar circumstances in the earlier occasion, this Court was pleased to pass an order dated 06.07.2023 in W.P.No.16145 of 2023 filed by the neighbouring land owner of the petitioner canvassing the similar encroachments in survey No.71. The operative portion of the order dated 06.07.2023 passed in W.P.No.16145 of 2023 is extracted hereunder: “In view of the said facts and instead of keeping this writ petition pending, this Court feels it appropriate to dispose of this writ petition by directing the respondents to conduct a survey with the following directions: “1. The 4th respondent with the assistance of the 5th respondent, shall conduct a 7 survey to demarcate the subject land and the road margin in R.S.No.90/1A of Thogammi Village, Kovvur Mandal, East Godavari District, Andhra Pradesh. This survey shall be conducted in the presence of the petitioners or their representatives. 2. For the purpose of enabling the petitioners to be present at the time of the survey, notice shall be given to the petitioners. 3. After the said survey is conducted, the respondents shall initiate appropriate action on the encroachers by duly protecting the road margin from the encroachers. 4. This survey shall be conducted within a period of eight (8) weeks from the date of receipt of this order.” There shall be no order as to costs.” 5. Pursuant to the order of this Court, the respondents conducted survey and demarcation and categorically stated that the land in R.S.No.71 admeasuring to an extent of Ac.0.15 cents was classified as R & B Road poramboke, hence, respondent No.4 cannot be allowed any encroachments in the subject land. 6. On the other hand, learned Standing Counsel for respondent No.4 furnished written instructions, wherein it is stated that the land at the eastern side of R.S.No.71 admeasuring to an extent of Ac.0.15 cents was classified as R & B road margin. It is further admitted that the petitioner used to reach his agricultural land 8 through the subject road margin. The alleged encroachments are not permanent in nature and that are only cement benches and flexies which are temporary in nature. Further the said cement benches and flexies were erected by the Ambedkar youth only to spend evening hours. It is further stated that if the same are causing inconvenience to the petitioner for his ingress and egress, the same can be removed within a reasonable time. 6. Considering the submissions made by the learned counsel for the petitioner as well as the learned Standing Counsel for respondent No.4 and on perusal of the written instructions of respondent No.4 and pursuant to the orders of this Court dated 06.07.2023, it is clear and categorical that the subject land admeasuring to an extent of Ac.0.15 cents in R.S.No.71 is classified as R & B road margin and through which the petitioner is having ingress and egress to reach his land situated in Sy.No.90/1E and 90/1B. Even though the alleged obstructions are temporary in nature, the same cannot curtail the rights of the petitioner to his ingress and egress through the public/road/Government Poramboke. 7. In view of the facts and circumstances as stated above, respondent Nos.4 and 5 herein are specifically directed to remove the subject encroachments by following due process of law, within a period of two(2) months from the date of receipt of copy of this Order. 9 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2299..0088..22002255 TTPPSS 10 160 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:22476 of 2025 2299..0088..22002255 TTPPSS