APHC010574702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29887/2025 Between: 1. ANNAVARAPU SEETHA RAMASWAMI,, S/O SATYANARAYANA, AGED 72 YEARS, BUSINESS, RESIDENT OF DOOR NO.3-80, MAIN ROAD, ATCHAMPET VILLAGE AND MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, AT NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT PANCHAYATH OFFICER, AT NARASARAOPET, PALNADU DISTRICT, ANDHRA PRADESH. 4. THE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ATCHAMPET GRAMA PANCHAYAT, ATCHAMPET MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 5. THE REVENUE DIVISIONAL OFFICER, SATENAPALLI, PALNADU DISTRICT, ANDHRA PRADESH. 6. SRI KOTHA CHANDRASEKHARA RAO, S/O ANJANEYULU, AGED ABOUT 44 YEARS. RESIDENT OF DOOR NO.4-162, KOTARI CENTRE, ATCHAMPET VILLAGE AND MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. ...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 a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus declaring the inaction of the Respondents, more particularly Respondent No. 4, in not implementing the directions of Respondent No. 3 vide Proceedings R.O.C.No.PGRS/2025 dated 25.09.2025 to remove the illegal construction of Respondent No. 6, as illegal, arbitrary, and violative of Article 300-A of the Constitution of India consequently, direct the Respondent No. 4 to forthwith act upon the said proceedings dated 25.09.2025 by removing the illegal construction raised by Respondent No. 6 on the Atchampet-Madipad u Road, as per the procedure established by law and to pass such 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 to direct the Respondent No. 4 to forthwith act upon the said proceedings dated 25.09.2025 issued by the 3rd respondent by removing the illegal construction raised by Respondent No. 6 on the Atchampet-Madipadu Road, as per the procedure established by law and pass such Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER: Declaring the action of respondent No.4 in not implementing the directions of respondent No.3 vide proceedings dated 25.09.2025 to remove the illegal construction of respondent No.6, as illegal, arbitrary, the present writ petition is filed. 2. Heard Sri V.Sai Kumar, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contented that the unofficial respondent made certain illegal constructions on the public road margin blocking the only viable access route for the vehicles from his rice mill. The petitioner made a representation dated 16.06.2025 to respondent No.2 to take action against illegal construction.Pursuant to the same, respondent No.5 conducted survey and a report, dated 25.08.2025 was also submitted. Basing on the said report, respondent No.3 issued proceedings dated 25.09.2025 directing respondent No.4 to remove illegal construction of respondent No.6. The respondent No.6 did not remove the construction, no action has been initiated by respondent No.4, as such, prayedto pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Standing Counsel for respondentssought time to file counter. 5. In reply, learned counsel for the petitioner submitted that as the relief sought is innocuous, no counter is required. He further submitted that it would suffice for the time being if a direction is given to respondent No.4 to act upon the proceedings issued by respondent No.3 in accordance with law in a time bound manner. 6. Perused the record and considered the submissions made by the learned counsel. 7. Despite issuance of proceedings dated 25.09.2025 by respondent No.3 directing respondent No.4 to take action in removing encroachments on the road margin, though respondent No.4 did not remove encroachments, no action has been initiated against respondent No.4 is the grievance of the petitioner. A perusal of theproceedings videR.O.C.No.PGRS/2025 dated 25.09.2025 goes to show that the unofficial respondent has encroached the road margin obstructing the movement of vehicles and there is encroachment of 11 links towards north and further directing the Panchayat Secretary, Achampet-respondent No.4 herein to conduct field inspection and remove the encroachments in accordance with the rules and regulations in force with the cooperation of revenue and police personnel. As rightly contended by the learned counsel for the petitioner, as the relief sought is innocuous, there is no necessity to issue any notice to private party inviting any counter, as such, this Court is inclined to dispose of the writ petition at admission stage without inviting counter nor issuing notice to private parties. 8. Accordingly, the Writ Petition is disposed of.Respondentconcerned is directed to take steps as per the directions of the District Panchayat Officer- respondent No.3 vide proceedings No.R.O.C.No.PGRS/2025 dated 25.09.2025 in accordance with law by issuingproper notice to all theencroachers including respondent No.6 herein and other encroachers, if any, by giving sufficient time for them to submit their explanation and also provide an opportunity of being heard to the parties concerned, if there are any encroachments on the ground as alleged by the petitioner and such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 31st October, 2025 RKS