APHC010319132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 16354/2023 Between: Dadi Lakshmana Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. M.Sudhir, SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: The case of the petitioner is that 6 & 7 respondents has encroached Panchayat public road margin consisting of 15 feet width road in front of Sri Bramaramba Sametha Malleswara Swamy Devasthanam, situtated in Peravali village of Vemuru Mandal in Bapatla District and constructing a building with asbestos sheet shed in an extent of 40 Sq.yards for carrying out kirana and belt shop business and thereby blocking passage of said temple. Despite making representation to the said effect, the respondent authorities have not acted upon. Hence the writ petition. 2. Heard Smt Nimmagadda Revathi, learned counsel for the petitioner, 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, despite making representation dated 01.04.2021, the respondent authorities have not acted upon the construction being made by the 6 & 7 respondents by encroaching the Panchayat public road margin in front of the temple which is blocking the passage to said temple. As such prayed to pass appropriate orders in that regard. 4. On the other hand, learned Assistant Government Pleader for Revenue submitted that, so far, there are no encroachments in the subject property as alleged by the petitioner and it is for the Gram Panchayat to take steps if any in that regard. As such prayed to pass appropriate orders in that regard. 5. Learned Standing counsel for Gram Panchayat submitted that they would take steps with regard to the subject issue, in accordance with law and 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 is that inspite of making a representation dated 01.04.2021, the respondent authorities have not acted upon the construction being made by the 6 & 7 respondents by encroaching the Panchayat public road margin in front of the temple which is blocking the passage to said temple. However, the respondents authorities have contended that there are no encroachments in the subject property as alleged by the petitioner and the Gram Panchayat authorities have an intention to take steps in removing the encroachments, if any, by following due process of law. In view of the same, as the relief sought by the petitioner is innocuous and no positive orders are being passed affecting the rights of the unofficial respondents, no notices are required to be ordered. Therefore, this writ petition can be disposed of, without inviting counter, with the following directions: The Gram Panchayat concerned shall take steps in removing the encroachments, if any found in the subject property in accordance with law by issuing 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. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS