APHC010202112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14169/2025 Between: 1. NARNE RAHULDEV, S/O SITARAMAIAH, AGED ABOUT 45,OCC. PVT.INSTRUCTOR, R/O D-NO 6-2, GANGAVARAM ROAD523167, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A P SECRETARIAT VELAGAPUDI AMARAVATI GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, NEAR APHRDI BUILDINGS, VISWABRAHMANA COLONY, BAPATLA DISTRICT, BAPATLA 3. THE DISTRICT PANCHAYAT OFFICER, NEAR APHRDI BUILDINGS, VISWABRAHMANA COLONY, BAPATLA DISTRICT, BAPATLA. 4. THE EXECUTIVE OFFICER, INKOLLU GRAMA PANCHAYAT, BAPATLA DISTRICT, INKOLLU 5. THE TAHSILDAR, INKOLLU, MRO OFFICE, BAPATLA DISTRICT INKOLLU 6. N ANJANI DEVI W/O N PRASADA RAO, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, 2 INKOLLU, BAPATLA DISTRICT, AP-523167. 7. N RAVEENDRA BABU S/O TIRUPATISWANY, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 8. M VENKATA GIRI S/O VENKATESWARLU, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2,NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 9. M MURALI KRISHNA S/O VENKATESWARLU, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2,NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 10. N VENKATESWARLU S/O TIRUPATAIAH, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 11. M SUBBAYAMMA W/O ELLAYYA, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 12. B KAMALAIAH S/O SAMBAIAH, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 13. B MALLESWARI W/O UMA MAHESWARARAO, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 14. B VENKAIAH S/O SAMBAIAH, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167 15. B ANJANEYULU, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 16. B ADAYYA S/O SAMBAIAH, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 3 17. K SAMBAIAH S/O SUBBAIAH, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 18. V SESHAIAH S/O NAGESWARA RAO, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 19. V SAMBAIAH S/O NAGESWARA RAO, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. 20. P KARUNA KUMARI W/O SAMBASIVA RAO, AGE UNKNOWN, OCC UNKNOWN ROAD OPP. SACHIVALAYAM-2, NSL ROAD, INKOLLU, BAPATLA DISTRICT, AP-523167. RR 6 TO 20 ARE IMPLEADED AS PER THE COURT'S ORDER DT.30.06.2025 IN I.A.NO. 02 OF 2025. ...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 an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus a) considering the authorities inaction on the complaint PRA20211225254 as arbitrary, violative of natural principles of justice and articles 14 and 21 of constitution of India, consequently direct the respondents to restore the encroached drainage canal, in the Prohibited property Sy.No.389 in Inkollu revenue village, Bapatla district, back to its original width as mentioned in the FMB and revenue records by clearing the encroachments to allow the free flow of drainage and rainwater, b) Also humbly pray to direct the respondents to clearly mark and fence the drainage canal post clearing the encroachments in Prohibited Property Sy.No.389 in order that it doesn't get encroached upon in future thereby preventing the inundation and accumulation of garbage in front of the residents houses in the low lying areas. 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 4 be pleased may be pleased to direct the respondents NOT to join the new drainage canal constructed to carry drainage and rainwater from Sy.Nos.253, 254, 255, 258 and other adjacent Sy.Nos, with the existing encroached canal in Prohibited Property Sy.No.389 of the Inkollu revenue village Bapatla District pending the disposal of the main petition 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 to implead the proposed respondents from 6 to 20 as Respondents 6 to 20 in Writ Petition 14169/2025 IA NO: 3 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 to grant leave to the Respondent No.5 to file counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1. PARTY IN PERSON Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 5 ORDER: To declare the inaction of the respondents on the complaint made by the petitioner vide PRA20211225254 and to restore the drainage canal clearing the encroachments in the prohibited property situated at Sy.No.389 of Inkollu Revenue Village, Bapatla District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Narne Rahul Dev, Party in person and Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat for the respondents. 3. Sri Narne Rahul Devl, petitioner-in-person, while reiterating the contents of the affidavit contended that adjacent to his house, lies a government drainage canal for community use in the subject property. While so, various individuals encroached the said property due to the same, during heavy rains and cyclones, there is overflow of drainage leading to frequent inundation of his house as well as in low-lying areas of the village. He further contended that though it was brought to the notice of the authorities concerned about the said encroachments by way of representation/complaint vide PRA20211225254 dated 25.12.2021, no action has been initiated. He further submitted that the complaint was given in the year 2021 and the respondents after lapse of 4 years, had conducted a survey wherein a report dated 18.03.2025 has been submitted listing out 16 individuals who made illegal encroachments in 6 the subject property. However, no further action has been initiated thereafter and if the encroachments are not removed, it not only affects the petitioner but also the similarly situated residents of the locality, as such, prayed to pass appropriate orders directing the respondent authority concerned to act upon grievance of the petitioner. 4. On the other hand, Sri Mategunta Sudhir, learned Standing Counsel submitted that the petitioner’s complaint is of the year 2021. After lapse of 4 years, the said Complaint dated 25.12.2021 would be out of place. However, if the petitioner still wants the authorities to act upon the said grievance, he can make a fresh representation to the concerned authorities and the same would be considered in accordance with law, accordingly, prayed to dismiss the writ petition. 5. In reply, petitioner submitted that when survey has already been conducted and a report has also been submitted identifying encroachments, the question of submitting a fresh representation does not arise, as such, prayed to dispose of the writ petition. 6. Perused the record and considered the submissions made by respective parties. 7. Not acting upon the petitioner’s complaint vide PRA20211225254 dated 25.12.2021 which was made to the respondent Gram Panchayat bringing to their notice about the encroachment on drainage canal in the 7 subject property, is the grievance of the petitioner. It is the contention of the petitioner that pursuant to the said complaint, after lapse of 4 years, a survey has been conducted by the revenue authorities and identified encroachments made by 16 individuals on the drainage canal in the subject property. A report vide R.O.C.No.13/2025 dated 18.03.2025 to that effect has also been placed on record. A perusal of the report dated 18.03.2025 would also indicate that 16 individuals have encroached on the drainage canal. When there have identified encroachments on the drainage canal, it is bounden duty of the Gram Panchayat to take steps in removing them by issuing proper notice. As the relief sought is innocuous and no positive orders are being passed affecting the rights of the encroachers, the question of issuance of notice to them does not arise. As such, this Court is inclined to dispose of the writ petition by passing the following order: “The Gram Panchayat is directed to look into the grievance of the petitioner by taking the survey report vide R.O.C.No.13/2025 dated 18.03.2025 into consideration and take steps in removing the encroachments by issuing proper show cause notice to all the encroachers giving sufficient and reasonable time to submit their explanation and also to provide an opportunity of being heard to them and pass a reasoned order and to take steps accordingly. Such exercise 8 shall be completed within a period of three (03) months from the date of receipt of a copy of this order.” 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03rd December, 2025 RKS