APHC010557852025 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: 29246/2025 Between: Pindi Venkateswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: The short grievance of the petitioner is non removal of the encroachments/unauthorized constructions made by the 6 & 7 respondents on the R & B road margin by encroaching the poramboke land causing obstruction to the ingress and egress to reach the petitioner’s Fish Tank admeasuring Ac.1.96 cents in R.S.No.284/2A and Ac.0.80cents in R.S.No.283/1A totaling to an extent of Ac.2.78 cents situated in Chirugukota village, Mudinepalli Mandal, Eluru District. 2. Heard Sri Narasimha Rao Gudiseva, learned counsel for the petitioner, Sri Y.koteswara Rao, learned Standing counsel for Gram Panchayat and Sri Venkata Satyanarayana, learned Assistant government pleader for Revenue. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, the unofficial respondents have high handedly encroached the Poramboke land and made certain unauthorized construction by closing the way to petitioner’s fish tank and other vehicles. Inspite of making repeated representations, no necessary action was initiated by the respondent authorities for removal of such unauthorized constructions as per the provisions of A.P.Panchayat Raj Act, 1994. As such prayed to pass appropriate orders protecting the interest of the petitioner. 4. Learned Standing counsel for Gram Panchayat submitted that, a letter dated 04.01.2025 was addressed to the Tahsildar concerned requesting to conduct survey and identify the extents of encroachments made by the unofficial respondents but so far, the tahsildar has not conducted any survey. He further submits that unless tahsildar conducts a survey and identify the extents of encroachments, the Gram Panchayat cannot take steps in removing the said encroachments. As such prayed to pass appropriate orders in that regard. 5. Learned Assistant Government Pleader for Revenue submitted that the Tahsildar would definitely survey the land and identify whether there are any encroachments in the subject land as alleged by the petitioner. As such prayed to pass appropriate orders in that regard. 6. Perused the record and considered the submissions of learned counsel for respective parties. 7. The prime grievance of the petitioner in the present writ petition is that the unofficial respondents have high handedly encroached the Poramboke land and made certain unauthorized construction by closing the way to petitioner’s fish tank and also access to other vehicles. Further, inspite of making repeated representations, except issuing notices to the unofficial respondents, no further course of action was initiated by the respondent authorities. Admittedly, without conducting a survey and identifying the extents of encroachments made, the Gram Panchayat cannot take any steps for removal. 8. As the relief sought by the petitioner is innocuous and no orders are being passed affecting the rights of the unofficial respondents, no notices are required to be ordered. In the said circumstances, this writ petition can be disposed of at the admission stage itself, without inviting counter, with the following directions: i. The tahsildar concerned is directed to conduct survey and identify whether there are any encroachments in the subject land and submit a report to the Panchayat Secretary within four(04) weeks from the date of receipt of copy of this order. ii. On such report, if any encroachments are found to be made, the Gram Panchayat concerned shall issue show cause notices to all the concerned parties inviting explanation by giving reasonable time and to pass a reasoned order after providing an opportunity of being heard and communicate the same to all the parties concerned in accordance with law within three(03) months thereafter. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS