APHC010216162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11221/2025 Between: Gangarapu Naga Venkataswamy Naidu ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent: 1. The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a writ order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 3 to 8 herein in protecting Rasta Proamboke and drainage canal, situated in Public road in Sy.No.991 of Basinkonda village, Madanapalle mandal, Annamayya district A.P. of an total extent of Ac.1.12 cents respectively from the illegal encroachments and illegal constructions which were made by blocking the public road and drainage canal by considering the petitioner’s representation dated 17.04.2025 a wholly illegal, arbitrary, motivated, unfair contrary to the rules framed under B.S.O and alos violative of dictum laid by the Hon’ble high court of Andhra Pradesh in WP (PIL) no.140 of 2022 besides being vilative of the articles 14 and 21 of constitution of india and to consequently direct the respondent Nos. 3 to 8 herein to restore the Rastha Poramboku and the existing drainage canal situated in Sy.No.991 of Basinkonda village, Madanapalle mandal, Annamayya district A.P. of an total extent of Ac.1.12 cents respectively from the illegal encroachments and illegal constructions made so far and to pass such other order or orders...” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. the learned counsel for the petitioner submits that petitioner and the villages are having agricultural lands and occupation of the said lands. He further submits that the Roads and Building road from Madanapalle to Nimmanapalle pass thorugh Gangannaparipalle village and the respondents authorities has laid a road in Sy.No.991 which is a government land classified as Rastha roramboke which is situated adjacent to land in Sy.No.593 of Basinikionda Revenue village which is a private land and there is also an existing Shiva Temple on the road and in between the said sy.No.593 and the road situated in Sy.No.991 there is also public drainage canal, which is a public drainage utility channel for the nearby residential houses. While so some unknown persons are trying to extending the existing shiva temple by closing the drainage channel and existing road situated in Sy.No.991 and started construction and are proceeding with the construction without any requisite permission and approvals from the authorties. For which the petitioner and other villages have made several representations to the respondent Nos. 3 to 5 herein dated 17.04.2025 seeking for protect the road and drainage from illegal encroachments by the respondents authorities. Even after receipt of the representation of the petitioner, the respondents authorities neither considered the representation nor issued other proceedings. Hence the writ petition. The learned Assistant Government Pleader for Revenue appearing for the respondents submits that if any illegal encroachments are committed by the others, the respondents authorities will conduct the survey pursuant to the representation of the petitioner and pass appropriate orders in accordance with law within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of by directing the respondent Nos. 3 and 4 shall conducting survey if any illegal encroachments are committed by any others pursuant to the representation of the petitioner dated 17.04.2025 and conducting survey and take steps in accordance with law and pass appropriate orders in accordance with law by providing an opportunity of hearing to the petitioner and all the parties concerned within a period of the three (03) months from the date of receipt of the copy of this order. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 04.04.2025 kkllkk 192 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.8720 of 2025 04.04.2025 kkllkk