Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 43010 (AP)

Palla Narasimha Murthy, v. The State of Andhra Pradesh,

WP/6571/2025 · 2025-12-30

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010121432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6571/2025 Between: Palla Narasimha Murthy, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PECHATHY RANGA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. NAGA RAJU KOLLATI 3. GP FOR REVENUE 4. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following order: Non-consideration of their representations dated 23.09.2024 and 16.12.2024 submitted to the respondent authorities requesting them to remove the encroachments after conducting survey, is the grievance of the petitioners. 2. Heard Sri P.Ranga Rao, learned counsel for the petitioners, Sri Y.Koteswara Rao, learned standing counsel for Gram Panchayat, Sri Naga Raju Kollati, learned counsel for the unofficial respondents and Sri Chandrasekhar, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioners while reiterating the contents of the affidavit contended that, when the unofficial respondent nos.8 & 9 are constructing buildings by encroaching the layout road, the petitioners have submitted representations dated 23.09.2024 & 16.12.2024 to the respondent authorities in that regard but the respondent authorities have not initiated any action so far on the said representations. He further submitted that it would suffice if a direction is given to the respondent authorities to take steps on the representation in accordance with law. 4. On the other hand, Sri Naga Raju Kollati, learned counsel for the unofficial respondents on counter submitted that the unofficial respondents have not occupied any road margin as alleged by the petitioners and the petitioners have filed the present writ petition only to wreck vengeance against them. He further submitted that he has instructions to the effect that the petitioners themselves are the encroachers. 5. Sri Y.Koteswara Rao, learned standing counsel for Gram Panchayat on instructions of Panchayat Secretary, Palakol Mandal dated 03.05.2025 submitted that pursuant to the complaint filed by the petitioner, a request was made to the tahsildar concerned to send a survey report after conducting survey in the subject layout and identify the extents of encroachments if any. It was further submitted that the Gram Panchayat authorities are awaiting the survey report from the tahsildar and as soon as the survey report was received, they would take steps in accordance with law. 6. Sri Chandrasekhar, learned Assistant Government Pleader for Revenue submitted that the tahsildar concerned would conduct survey and identify the extents of encroachments, if any and would submit the report to the Gram Panchayat in accordance with law. 7. Perused the record and considered the submissions of respective learned counsel. 8. In view of the submissions made by the respondent authorities that they would take steps in accordance with law in removing the encroachments if any found in the subject layout after conducting survey, instead of keeping this writ petition pending, this Court is inclined to dispose of the writ petition with the following directions: (i) The 5th respondent-tahsildar concerned is directed to conduct a survey and identify the extents of encroachments, if any made by the unofficial respondents as well as the petitioners and submit a report to the Gram Panchayat. (ii) On receipt of the same, if found any encroachments on the road margin made by the unofficial respondents or by the petitioners, the Gram Panchayat shall take steps in accordance with law by issuing proper show cause notices inviting explanation giving sufficient time and pass a reasoned order by affording an opportunity of personal hearing to all the parties concerned. (iii) The entire exercise shall be completed within three(03) months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS