APHC010406142025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. THE DIOCESE OF KURNOOL SOCIETY, HAVING ITS REGISTERED OFFICE AT. B CAMP, BISHOP'S HOUSE, KURNOOL. REP BY. ITS AUTHORIZED PERSON SRI. FR. K.D. JOSEPH, S/O. LATE S. DEVASIA, AGED ABOUT 57 YEARS, OCC. E.C. MEMBER OF SOCIETY, R/O. H.NO.18 NANDYAL CHECK POST, KURNOOL, AP 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, COLLECTORATE, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE MANDAL REVENUE OFFICER, TENALI MANDAL, GUNTUR DISTRICT. 5. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT, ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 20840/2025 THE DIOCESE OF KURNOOL SOCIETY, HAVING ITS REGISTERED OFFICE AT. B CAMP, BISHOP'S HOUSE, KURNOOL. REP BY. ITS AUTHORIZED PERSON SRI. FR. K.D. JOSEPH, S/O. LATE S. DEVASIA, AGED ABOUT 57 YEARS, OCC. E.C. MEMBER OF H.NO.18-767, BISHOP'S HOUSE, B CAMP, NEAR NANDYAL CHECK POST, KURNOOL, AP-518002. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, COLLECTORATE, GUNTUR DISTRICT, ANDHRA PRADESH. MANDAL REVENUE OFFICER, TENALI MANDAL, GUNTUR THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT, ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY, THE FOURTH DAY OF SEPTEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI THE DIOCESE OF KURNOOL SOCIETY, HAVING ITS REGISTERED OFFICE AT. B CAMP, BISHOP'S HOUSE, KURNOOL. REP BY. ITS AUTHORIZED PERSON SRI. FR. K.D. JOSEPH, S/O. LATE S. DEVASIA, AGED ABOUT 57 YEARS, OCC. E.C. MEMBER OF 767, BISHOP'S HOUSE, B CAMP, NEAR ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, COLLECTORATE, GUNTUR MANDAL REVENUE OFFICER, TENALI MANDAL, GUNTUR THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT, 2 6. THE PANCHAYAT SECRETARY, KOLAKALURU GRAM PANCHAYAT, TENALI MANDAL, GUNTUR DISTRICT - 522 307. 7. THE ASSISTANT ENGINEER R AND B, ROADS AND BUILDINGS DEPARTMENT, TENALI SUB-DIVISION, GUNTUR DISTRICT - 522 201. 8. CHADARASUPALLI KOTESWARARAO, S/O. VENKATESWARLU AGED AND OCCUPATION NOT KNOWN TO PETITIONER R/O. H.NO.12-25, BAPAIAHPET, KOLAKALURU (POST), TENALI MANDAL, GUNTUR DISTRICT - 522 307. 9. THOTAKURA SUBHSHINI, W/O. VENKATARAMAIAH AGED AND OCCUPATION NOT KNOWN TO PETITIONER R/O. H.NO.12-26, BAPAIAHPET, KOLAKALURU (POST), TENALI MANDAL, GUNTUR DISTRICT - 522 307. 10. GADDE VEERANJANEYULU, S/O. SAMBASIVARAO, AGED AND OCCUPATION NOT KNOWN TO PETITIONER H.NO.12-27, BAPAIAHPET, KOLAKALURU (POST), TENALI MANDAL, GUNTUR DISTRICT - 522 307. 11. GADDE VENKATA RAMANA, S/O. SAMBASIVARAO, AGED AND OCCUPATION NOT KNOWN TO PETITIONER R/O. H.NO.12-28, BAPAIAHPET, KOLAKALURU (POST), TENALI MANDAL, GUNTUR DISTRICT - 522 307. 12. RAJAVARAPU SEETHAMMA, W/O. CHENCHAIAH, AGED AND OCCUPATION NOT KNOWN TO PETITIONER R/O. H.NO.12-29, BAPAIAHPET, KOLAKALURU (POST), TENALI MANDAL, GUNTUR DISTRICT - 522 307. 13. KALISETTY HANUMANTHRAO, S/O. KOTESERARAO, AGED AND OCCUPATION NOT KNOWN TO PETITIONER R/O. H.NO.12-30, BAPAIAHPET, KOLAKALURU (POST), TENALI MANDAL, GUNTUR DISTRICT - 522 307. ...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 any appropriate Writ order or direction one in the nature of Writ of Mandamus declaring declaring the action of respondents 3 to 7 in failing to remove the encroachments made by respondents 8 to 13 at road 3 margin and causing obstruction to ingress and egress to Petitioner land in an extent of Ac. 2.33 1/3 cents, bearing Survey No. 868 at Bapaiahpet, Kolakaluru Village, Tenali Mandal, Guntur District as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and consequently Direct Respondent No. 3 to 7 to initiate immediate action under law to remove the illegal structures and encroachments made by Respondent No. 8 to 13 on the public road margin at petitioner land in an extent of Ac. 2.33 1/3 cents, bearing Survey No. 868 at Bapaiahpet, Kolakaluru Village, Tenali Mandal, Guntur 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 to Direct respondents 3 to 7 to initiate immediate action to remove the illegal structures and encroachments made by respondents 8 to 13 on the public road margin at Petitioner land in an extent of Ac. 2.33 1/3 cents, bearing Survey No. 868 at Bapaiahpet, Kolakaluru Village, Tenali Mandal, Guntur District, Tenali Mandal, Guntur District and to pass Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. GP FOR REVENUE 4 The Court made the following order: The grievance of the petitioner is that the revenue authorities are not removing the encroachments made by the unofficial respondents at road margin and causing obstruction to ingress and egress to its land to an extent of Ac.2.33 1/3 cents bearing survey No.868 at Bapaiahpet, Kolakaluru Village, Tenali Mandal, Guntur District. 2. Heard Sri Ch.Madhava Raman, learned counsel, representing Sri K.V.Aditya Chowdary, learned counsel for the petitioner, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri M.Sudheer, learned standing counsel for Gram Panchayat. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that, the unofficial respondents have illegally encroached upon the public road margin abutting the petitioner’s property, thereby obstructing the ingress and egress to the petitioner’s land. Despite bringing the same to the notice of the respondent authorities, they have not removed the encroachments till date. He further submitted that it would suffice, if a direction is given to the revenue authorities to take steps for removing the encroachments in accordance with law and prayed to pass appropriate orders in that regard. 4. On the other hand, learned counsel for the respondents submitted that the authorities will verify and take steps for removal of encroachments in accordance with law. 5 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. The contention of the petitioner is that the unofficial respondents have encroached the road margin and causing obstruction to ingress and egress to its land to an extent of Ac.2.33 1/3 cents bearing survey No.868 at Bapaiahpet. Despite bringing the same to the notice of the authorities concerned, they have not acted upon the same. When a grievance is raised before the authorities regarding encroachments, it is the statutory duty of the concerned authorities to verify and ascertain whether any encroachments exist, and, if so, to take appropriate action in accordance with law. Since no positive direction has been issued by this Court, the question of hearing the unofficial respondents does not arise. 7. Taking the submission of learned counsel for the parties into consideration, since the respondent authorities have intention to take steps for removing the said encroachment by following the Encroachment Act, 1905, there is no necessity in keeping this Writ Petition pending inviting counters. As such, this Court is inclined to dispose of the Writ Petition, at the admission stage itself, with the following direction. “The respondent authorities are directed to look into the grievance of the petitioner and if it is found that encroachments exist, the authorities shall take appropriate action in accordance with law by issuing proper notices to all encroachers including the unofficial respondents, granting them sufficient time to submit their 6 explanations and affording them an opportunity of being heard and pass a reasoned order and communicate the same to the petitioners as well as unofficial respondents. The entire exercise shall be completed within a period of three 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 thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 04.11.2025 MP 7 227 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.20840 of 2025 04.11.2025 MP 8 HIGH COURT OF ANDHRA PRADESH MAIN CASE No: WRIT PETITION No.20840 of 2025 PROCEEDING SHEET S. No DATE ORDER 04.11.2025 RC, J The Writ Petition is disposed of. (vide separate order) ______________________ RAVI CHEEMALAPATI, J MP 9