::1:: APHC010588502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30771/2024 Between: 1. GARAGA RAMUDU, S/O G. NARASANNA, R/O, D/NO 1- 15, RAJA STREET, NEAR MAHALASKHMI TEMPLE, GANAPAVARAM MANDALAM, PIPPARA, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE CHIEF COMMISSIONER OF LAND ADMINISTRATION, REP BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, BHIMAVARAM, WEST GODAVARI DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT. ::2:: 5. THE THASILDAR, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT. 6. THE MANDAL PRAJA PARISHAD OFFICER, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT. 7. THE PIPPARA GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, PIPPARA VILLAGE, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT. 8. VATTIPROLU KONDAYYA, S/O BALA RAMUDU, 1ST WARD GARAGA VARI VEEDHI, PIPPARA, PIPPARA VILLAGE, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT. 9. VATTIPROLU SATYANARAYANA, S/O BALA RAMUDU, 1ST WARD, GARAGA VARI VEEDHI, PIPPARA, PIPPARA VILLAGE, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT. 10. BALUBU DHANA LAKSHMI, W/O LATE SUBBRAMANYAM 1ST WARD GARAGA VARI VEEDHI, PIPPARA, PIPPARA VILLAGE, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT. 11. BOGI REDDY SESHI REKHA, W/O LATE GOPALAM, 1ST WARD GARAGA VARI VEEDHI, PIPPA PIPPARA VILLAGE, GANAPAVARAM MANDAL, WEST 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 tobe pleased to issue a Writ or Order or Direction more particularly in the nature of Writ of Mandamus declaring the inaction on the part of respondents No.3 to 7 in ::3:: considering the representations made by the petitioner dated 27- 11-2023, 05-02-2024, 26- 02-2024, 06-08-2024, and the Legal Notice dated 14-10- 2024, and in failing to take action against unofficial respondents No. 8 to 11 for removing the encroachments on the C.C. road in the 1st ward of Pippara Village, Ganapavaram Mandal, West Godavari District as illegal, arbitrary and Contrary to the Provisions of Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994, and apart from being violative of fundamental rights guaranteed under Article 14,19,21 300A of the Constitution of India. Consequently, direct the respondents No. 3 to 7 to consider my representations and remove the illegal encroachments made by the respondents No. 8 to 11 and pass 1. T DIWAKAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR LAND ACQUISITION 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra ::4:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30771 of 2024 This Court made the following ORDER: Heard learned counsel for the Petitioner and learned Government Pleader for Respondents and perused the material placed on record. 2. The case of the petitioner herein is that the petitioner is a permanent resident of 7th respondent – Gram Panchayat and he submitted representations dated 27.11.2023, 05.02.2024, 26.02.2024, 06.08.2024 and 14.10.2024 and finally got issued legal notice dated 14.10.2024 requesting the respondent Nos.3 to 7 to remove the encroachments made by the Respondent Nos.8 to 11 upon CC road situated at 1st Ward, Pippara Village i.e., 7th Respondent Gram Panchayat. Even though representations submitted by the Petitioner were received by the Respondents since two years, neither any action has been initiated nor any other proceedings were issued by the Respondent Gram Panchayat. Hence the Writ Petition. 3. On the other hand, learned Standing Counsel for Respondent No.7 submits that the Hon’ble Division Bench of this Court in W.P.(PIL)No.144 of 2025, dated 06.08.2025 directed the Gram Panchayat and other ::5:: respondents and particularly Respondent No.5 herein for removal of the encroachments on the CC Road and also directed for filing status report before this Hon’ble Court. In pursuance of the orders of this Court dated 06.08.2025, Respondent Nos.5 and 7 are taking steps for removal of the encroachments as directed. 4. Learned Government Pleader for Respondent Nos.4 and 5 furnished written instructions dated 26.12.2024 submitted by the 5th respondent stating that in view of the direction of this Hon’ble Court and in pursuance of G.O.Ms.No.188, Panchayat Raj and Rural Development (Pts.IV) Department, dated 21.07.2011, the Gram Panchayat shall protect all the community properties and Panchayat properties. Accordingly, the 5th respondent requested the 7th respondent for removal of the encroachments in R.S.No.324/1 of Pippara Village of Ganapavaram Mandal which is classified as “Gramakhantam” land vested with the Gram Panchayat. Pursuant to the proceedings of the 5th respondent as well as directions of this Hon’ble Court, the 7th Respondent – Gram Panchayat is taking steps for removal of the encroachments in accordance with law. 5. Considering the submission of both the learned counsel and on perusal of the material placed on record, this Court is of the considered ::6:: view that this Writ Petition can be disposed of directing the 7th respondent – Gram Panchayat to take appropriate action for removal of the encroachments as contended by the petitioner in his representations and also pursuant to the directions of this Hon’ble Court in W.P. (PIL) No.144/2025, dated 06.08.2025 within a period as directed by the Division Bench of this Court by following due procedure as contemplated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994. 6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA, J 12.08.2025 KRK ::7:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 83 WRIT PETITION NO: 30771 OF 2024 12.08.2025 krk