APHC010559622025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. NANDURI SWAMY, S/O. RAMA RAO, AGED ABOUT 55 YEARS, R/O. D.NO. 3-157, VYKUNTAPURAM..VILLAGE, AMARAVTHI MANDAL, PALNADU.DIST- 522020 2. NANDURI. KOTESWARA RAO, S/O. RAMA RAO, AGED ABOUT 70 YEARS, R/O. D.NO. 3 MANDAL, PALNADU.DIST 3. NANDURI BASKAR RAO, S/O. RAMA RAO , AGED ABOUT 57 YEARS, R/O. D.NO. 3 MANDAL, PALNADU.DIST 1. THE STATE OF ANDHRA PRADESH, REP BY IT SECRETARY PANTHAYATHIRAJ AND RURAL DEVELOPMENT, SECRATARIAT VELAGAPUDI. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT,SECRATARIAT VELAGAPUDI. 3. THE DISTRICTOR GENERAL OF POLICE HEAD QUOTERS, MANGALAGIRI, ANDHRA PRADESH. 4. THE DISTRICT COLLECTOR, PALNADU DISTRICT AT NARASARAOPET, ANDHRA PRADESH. 5. THE SUPENENDENT OF POLICE, PALNADU DISTICT AT IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29130/2025 NANDURI SWAMY, S/O. RAMA RAO, AGED ABOUT 55 YEARS, R/O. 157, VYKUNTAPURAM..VILLAGE, AMARAVTHI MANDAL, 522020 NANDURI. KOTESWARA RAO, S/O. RAMA RAO, AGED ABOUT 70 YEARS, R/O. D.NO. 3-157, VYKUNTAPURAM..VILLAGE AMARAVTHI MANDAL, PALNADU.DIST- 522020 NANDURI BASKAR RAO, S/O. RAMA RAO , AGED ABOUT 57 YEARS, R/O. D.NO. 3-157, VYKUNTAPURAMVILLAGE, AMARAVTHI MANDAL, PALNADU.DIST- 522020 ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP BY IT SECRETARY PANTHAYATHIRAJ AND RURAL DEVELOPMENT, SECRATARIAT VELAGAPUDI. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT,SECRATARIAT VELAGAPUDI. THE DISTRICTOR GENERAL OF POLICE HEAD QUOTERS, ANDHRA PRADESH. THE DISTRICT COLLECTOR, PALNADU DISTRICT AT NARASARAOPET, ANDHRA PRADESH. THE SUPENENDENT OF POLICE, PALNADU DISTICT AT IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI NANDURI SWAMY, S/O. RAMA RAO, AGED ABOUT 55 YEARS, R/O. 157, VYKUNTAPURAM..VILLAGE, AMARAVTHI MANDAL, NANDURI. KOTESWARA RAO, S/O. RAMA RAO, AGED ABOUT 70 VILLAGE AMARAVTHI NANDURI BASKAR RAO, S/O. RAMA RAO , AGED ABOUT 57 157, VYKUNTAPURAMVILLAGE, AMARAVTHI ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP BY ITS PRICIPAL SECRETARY PANTHAYATHIRAJ AND RURAL DEVELOPMENT, THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT,SECRATARIAT VELAGAPUDI. THE DISTRICTOR GENERAL OF POLICE HEAD QUOTERS, THE DISTRICT COLLECTOR, PALNADU DISTRICT AT THE SUPENENDENT OF POLICE, PALNADU DISTICT AT NARASARAOPET, ANDHRA PRADESH. 6. THE DISTICT PANCHAYATHIRAJ OFFICER, NARASARAOPET, PALNADU DISTICT, ANDHRA PRADESH 7. THE TASILDHAR, AMARAVATHI MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 8. THE MPDO AMARAVATHI, PALNADU DISTRICT, ANDHRA PRADESH 9. THE INSPECTOR OF POLICE AMARAVATHI P S, AMARAVATHI, PALNADU DISTRICT, ANDHRA PRADESH. 10. THE PANCHAYATHI SECRETARY, VYKUNTAPURAM, AMARAVATHI 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 Writ of Mandamus, declaring the inaction of the Respondent Nos. 3 to 10 in not taking steps to remove the encroachments made by encroachers over the Gram Panchayat land and in not facilitating the construction of drainage channels in SC Colony, Vykuntapuram Village, Amaravathi Mandal, Palanadu District as illegal, arbitrary, and violative of public health and welfare and consequently Direct the Respondent Nos. 3 to 10 to immediately remove the said encroachments and complete he construction of the drainage system for the benefit of the residents of that locality and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. 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 Respondents Nos. 3 to 10 to immediately remove the said encroachments and complete the construction of the drainage system for the benefit of the residents and pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. NANDURI SRINIVAS Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORDER: Declaring the inaction of respondent Nos.3 to 10 in not taking steps to remove the encroachments made by encroachers over the Gram Panchayat land and in not facilitating the construction of drainage channels in SC Colony, Vykuntapuram Village, Amaravathi Mandal, Palanadu District, as illegal, arbitrary, the present writ petition is filed. 2. Heard Sri N.Srinivas, 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, Sri Satya Narayana, learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that certain encroachments took place in Gram Panchayat land obstructing the drainage work and carrying out business activities thereon. Petitioner made representation dated 23.03.2023 to respondent authorities requesting to take immediate action to remove encroachments and ensure completion of drainage construction and as no action has been initiated by the respondents, having no other go, petitioner filed the present writ petition. He further contended that the Gram Panchayat failed to do its statutory duty by virtue of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994. It would suffice for the time being if a direction is given to the respondents to take action on the representation made by the petitioner in accordance with law. 4. On the other hand, learned counsel appearing for the respondents submitted that the respondents would take steps in accordance with law and prayed to pass appropriate orders. 5. Taking the submissions of the learned counsel for both the parties into consideration, as the authorities have an intention to take steps in accordance with law, there is no purpose in keeping the writ petition pending inviting counter, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authority concerned is directed to act upon the representation dated 23.03.2023 in accordance with law by giving proper notice to all the encroachers by giving reasonable time for them to submit explanation and opportunity of being heard if required. If any encroachments are on ground as alleged by the petitioner, the respondents shall take steps on the same within a period of three months from the date of receipt of a copy of this order. Insofar as drainage is concerned, the authority shall take appropriate decision as expeditiously as possible.” 6. Accordingly, the Writ Petition is disposed of. 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