APHC010288262023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14842/2023 Between: 1. URINKALA SATTIBABU, S/O. SUBBA RAO, AGED 32 YEARS, OCC . CULTIVATION, R/O. D.NO.4 KOYYALAGUDEM MANDAL, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). 1. THE STATE OF ANDHRA PRADESH, REP. BY SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS (R AND B) DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, (PANCHAYAT WING) ELURUDISTRICT AT ELURU (FORMERLY WEST GODAVARI DISTRICT). 4. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU (FORMERLY WEST GODAVARI DISTRICT). 5. THE REVENUE DIVISIONAL OFFICER, JANGAREDDIGUDEM REVENUE DIVISION, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 6. THE TAHSILDAR, KOYYALAGUDEM MANDAL, ELURU DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14842/2023 URINKALA SATTIBABU, S/O. SUBBA RAO, AGED 32 YEARS, OCC . CULTIVATION, R/O. D.NO.4-101, SARIPALLI VILLAGE, KOYYALAGUDEM MANDAL, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS (R AND B) DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, (PANCHAYAT WING) ELURUDISTRICT AT ELURU (FORMERLY WEST GODAVARI THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU (FORMERLY WEST GODAVARI DISTRICT). THE REVENUE DIVISIONAL OFFICER, JANGAREDDIGUDEM REVENUE DIVISION, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). THE TAHSILDAR, KOYYALAGUDEM MANDAL, ELURU DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI URINKALA SATTIBABU, S/O. SUBBA RAO, AGED 32 YEARS, OCC . 101, SARIPALLI VILLAGE, KOYYALAGUDEM MANDAL, ELURU DISTRICT. (FORMERLY WEST ...PETITIONER ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS (R AND B) DEPARTMENT, SECRETARIAT, THE DISTRICT COLLECTOR, (PANCHAYAT WING) ELURUDISTRICT AT ELURU (FORMERLY WEST GODAVARI THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT THE REVENUE DIVISIONAL OFFICER, JANGAREDDIGUDEM REVENUE DIVISION, ELURU DISTRICT (FORMERLY WEST THE TAHSILDAR, KOYYALAGUDEM MANDAL, ELURU DISTRICT. 2 (FORMERLY WEST GODAVARI DISTRICT). 7. THE SUPERINTENDENT ENGINEER, ROADS AND BUILDINGS (R AND B) DEPARTMENT, ELURU, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 8. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS (R AND B) DEPARTMENT, ELURU, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 9. THE DIVISIONAL ENGINEER, ROADS AND BUILDINGS (R AND B) DEPARTMENT, JANGAREDDIGUDEM, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). 10. SARIPALLI GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITYCUM-PANCHAYAT SECRETARY, SARIPALLI VILLAGE, KOYYALAGUDEM MANDAL, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). 11. 2 (FORMERLY WEST GODAVARI DISTRICT). 7. THE SUPERINTENDENT ENGINEER, ROADS AND BUILDINGS (R AND B) DEPARTMENT, ELURU, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 8. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS (R AND B) DEPARTMENT, ELURU, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 9. THE DIVISIONAL ENGINEER, ROADS AND BUILDINGS (R AND B) DEPARTMENT, JANGAREDDIGUDEM, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). 10. SARIPALLI GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITYCUM-PANCHAYAT SECRETARY, SARIPALLI VILLAGE, KOYYALAGUDEM MANDAL, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). 11. MANDAPATI RAMAKRISHNA, S/O SOMARAJU, AGED 42 YEARS, R/O SARIPALLI VILLAGE, KOYYALAGUDEN MANDAL, ELURU DISTRICT, (FORMERLY WEST GODAVARI) ...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 WRIT OP MANDAMUS declaring the action of respondents in not initiating any steps on my representation dated 17.11.2022, submitted to prevent illegal erection of Y.S.R. Statue in Main Road Margin in vacant land of Ac.0.20 Cents, Covered by Survey Nos.289 and 290, situated at Saripalli Village, Koyyalagudem Mandal, Eluru District belongs to R and B Department by encroaching road and it road margin by 11th respondent, thereby causing obstruction to access to road to the general public in cojntravention of the provision of Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994 and Andhra Pradesh Land Encroachment Act,1905 and for protection of said road and its road margin from illegal encroachment by 11 th respondent by removing the erected statue thereon, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on them under the said legal provisions and offends Articles 14, 21and 300-A of Constitution of India and consequently direct the respondents2 to 10 to remove the erected Y.S.R. 3 Statue on road margin, and keep open road margin for my passage purpose and pass IA NO: 1 OF 2023 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 2 to 10 to consider and initiate necessary action on petitioner's representation dated 17.11.2022, submitted for prevention of illegal and unauthorized erection of Y.S.R. Statue on R & B road margin in survey numbers 289 and 290 of Saripalli Revenue Village koyyalagudem Mandal, Eluru district pending disposal of the main Petition and to pass Counsel for the Petitioner: 1. SARATH KUMAR D Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. MANGENA SREE RAMA RAO 5. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4 The Court made the following order: Non-consideration of the petitioner’s representation dated 17.11.2022 submitted for preventing illegal erection of YSR Statue in the main road margin in a vacant land of Ac.0.20 cents covered by survey Nos.289 and 290 situated at Saripalli Village, Koyyalagudem Mandal, Eluru District which land belongs to R & B Department by encroaching road and its road margin by respondent No.11, thereby causing obstruction to public access to the road in contravention of provisions of Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994 and Andhra Pradesh Land Encroachment Act 1905 for protection of road and its road margins, the present Writ Petition has filed. 2. Heard Ms Haritha, learned counsel, representing Sri D.Sarath Kumar, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, Sri Praveen, learned Assistant Government Pleader for Road & Building Department and Sri Y.Koteswararao, 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 petitioner is a permanent resident of Saripalli village. There exists a vacant land admeasuring Ac.0.20 cents in survey Nos.289 and 290 situated beside main road which is recorded as ‘Road-Government Poramboke’ in the revenue records. He further submitted that respondent No.11 has illegally encroached upon the said land and erected YSR statue on road margin by encroaching the said site and its road 5 margin, without obtaining necessary permission from the authorities concerned. Such illegal encroachment on the road margin and unauthorized erection of statue is causing much inconvenience and obstruction to the free movement to public road. Despite bringing these facts to the notice of the authorities by way of representation dated 17.11.2022, no action has been initiated by them. Hence, prayed to pass appropriate orders protecting the interest of the petitioner as well as the other villagers. 4. On the other hand, learned Assistant Government Pleader Revenue, on counter, submitted that the distance in between existing road and YSR Statue is about 17 meters (85 links) and that there is no objection to the ingress and egress of public. He further submitted that the petitioner has not approached the Court with clean hands. He further submitted that on receipt of the petitioner’s representation, the Tahsildar, Koyyagudem addressed letters to the Panchayat Secretary, Saripalli dated 30.01.2023 and 04.07.2023 calling for an action taken report in terms of G.O.Ms.No.188 Panchayat Raj and Rural Development (PTO.IV) Department, dated 21.07.2011. The Writ Petition deserves no consideration and hence it is liable to be dismissed. 5. Learned standing counsel for Gram Panchayat placed on record the written instructions of the Panchayat Secretary and submitted that Gram Panchayat has conducted survey on 13.02.2023 in the presence of both parties and found that R & B road had been encroached by the unofficial respondents. He further submitted that the unofficial respondents, without obtaining any permission from the District Collector, erected the statue, but 6 the same was not opened till today and the Gram Panchayat will follow the due process of law. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. It is not in dispute that the statue has been erected as alleged by the petitioner without obtaining permission from the District Collector. There are certain rules governed with regard to erection of statues vide G.O.Ms.No.55 Transport, Road & Buildings Department dated 08.04.2023. When the statues are erected, without any permission, it is the duty cast upon the authorities concerned to take steps in accordance with law. 8. Taking the submissions of both the learned counsel into consideration, since the authorities have stated that they will take steps in accordance with law, this Court is inclined to dispose of the Writ Petition at the stage of admission by passing the following order: “The respondent authorities concerned are directed to take steps in accordance with law as per the rules in vogue within a period of three (3) months from the date of receipt of a copy of this order after issuing notices and inviting explanations, if required, by providing an opportunity of being heard as well.” 7 9. 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 02.12.2025 MP 8 285 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.14842 OF 2023 02.12.2025 MP