APHC010584562025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. KOPPARTHI RAMALAKSHMI, W/O SRIRAMAMURTHY, AGED ABOUT 50 YEARS, R/O GOLLAVAANI TIPPA VILLAGE, BHIMAVARAM MANDALAM, WEST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, BHIMAVARAM WEST GODAVARI DISTRICT, 3. THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM WEST GODAVARI DISTRICT, 4. THE REVENUE DIVISIONAL OFFICER, NARASAPURAM REVENUE DIVISION WEST GODAVARI DISTRICT. 5. THE TAHSILDAR, ELEMANCHILI, ELEMANCHILI MANDAL, WEST GODAVARI DISTRICT 6. THE SECRETARY KAZA EAST GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30415/2025 KOPPARTHI RAMALAKSHMI, W/O SRIRAMAMURTHY, AGED ABOUT 50 YEARS, R/O GOLLAVAANI TIPPA VILLAGE, BHIMAVARAM MANDALAM, WEST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR PANCHAYAT WING, BHIMAVARAM WEST GODAVARI DISTRICT, THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM WEST GODAVARI DISTRICT, THE REVENUE DIVISIONAL OFFICER, NARASAPURAM REVENUE DIVISION WEST GODAVARI DISTRICT. THE TAHSILDAR, ELEMANCHILI, ELEMANCHILI MANDAL, WEST GODAVARI DISTRICT THE SECRETARY KAZA EAST GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY-CUM-EXECUTIVE AUTHORITY WEST RC,J W.P.No.30415 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KOPPARTHI RAMALAKSHMI, W/O SRIRAMAMURTHY, AGED ABOUT 50 YEARS, R/O GOLLAVAANI TIPPA VILLAGE, BHIMAVARAM MANDALAM, WEST GODAVARI DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, THE DISTRICT COLLECTOR PANCHAYAT WING, BHIMAVARAM THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM WEST THE REVENUE DIVISIONAL OFFICER, NARASAPURAM REVENUE THE TAHSILDAR, ELEMANCHILI, ELEMANCHILI MANDAL, WEST THE SECRETARY KAZA EAST GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY WEST RC,J W.P.No.30415 of 2025 2 GODAVARI DISTRICT. 7. DHIGAMARTHI DHARMARAO, S/O. RAGHAVULU, AGED ABOUT 60 YEARS AMBALA CHERVUGATTU, KAZA EAST VILLAGE, ELEMANCHILI MANDAL, WEST GODAVARI DISTRICT. 8. SAVARAPU SUGUNA, D/O. ANANDARAO, AGED ABOUT 45 YEARS AMBALA CHERVUGATTU, KAZA EAST VILLAGE, ELEMANCHILI MANDAL, WEST GODAVARI DISTRICT. 9. KONDETI KUMAR, S/O. ANANDARAO, AGED ABOUT 50 YEARS AMBALA CHERVUGATTU, KAZA EAST VILLAGE, ELEMANCHILI MANDAL, WEST GODAVARI DISTRICT. ...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 toPleased to issue a writ or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of Respondent No. 6 in failing to promptly initiate proceedings under Sections 56 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994, for the removal of illegal encroachments made by Respondents 7 to 9 on the public road situated in the revenue limits of Kaza East Village, Yalamanchili Mandal is illegal, arbitrary, and contrary to the principlesof natural justice. It constitutes a violation of Articles 14, 21 and 300-A of the Constitution of India, as well as a breach of the statutory obligations under Sections 56 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994 and consequentlydirect the respondent No. 6 to consider the petitioners representation dated 02-01-2025 and take action against the respondent no. 7 to 9 and 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 Pleased to direct respondent No. 6 to consider the petitioner’s representation dated 02-01-2025 and take action against the 7 to 9 respondent according to law and to pass Counsel for the Petitioner: RC,J W.P.No.30415 of 2025 3 1. DWARAMPUDI SAVITHRI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra ORDER The grievance of the petitioner is that the respondent authorities are not initiating any action under sections 56 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994 for removing the encroachments made by respondent nos. 7 to 9 on the public road situated in the revenue limits of Kaza East Village, Yalamanchili Mandal. 2. Sri Y.Koteswara Rao, learned Standing Counsel, on instructions, submitted that a survey was conducted and encroachments were noticed and notices were issued to the encroachers and necessary steps for removal of encroachments are being taken in accordance with law. 3. Inaction of the authorities in removing encroachments has been questioned in this writ petition. As per the instructions placed on record, since the authorities have set the law into motion and are taking steps for removing encroachments, this writ petition can be disposed of. Since no order affecting rights of the unofficial respondents is being passed, issuing notices to them and keep the matter pending inviting their counters is unnecessary. RC,J W.P.No.30415 of 2025 4 4. Accordingly, this writ petition is disposed of, directing the authorities to remove the encroachments after issuing show-cause notices, considering explanations, if any, submitted and after providing an opportunity of being heard to the encroachers as per the procedure contemplated under law. The entire exercise shall be completed within a period of three (03) months from the date of receipt of copy of the order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI DATED 23rd day of December, 2025. RR