APHC010339142023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. ARJA SUDHAKARA RAO, S/O.RAMA MOHANA RAO, AGED ABGUT 60 YEARS, R/O.H.NO.1 VILLAGE, NAGAYALANKA MANDAL, KRISHNA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, KRISH CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, BANDAR REVENUE DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 5. BHAVADEVARAPALLI GRAMA PANCHAYAT, REP. BY IT'S PANEHYAT SECRETARY, BHAVADEVARAPALLI, NAGAYALAN MANDAL, KRISHNA DISTRICT. 6. THE TAHSILDAR, NAGAYALANKA MANDAL, NAGAYALANKA, KRISHNA DISTRICT. 7. BONDADA GANAPATHI RAO, S/O.MADAVA RAO, AGED ABOUT 47 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17734/2023 ARJA SUDHAKARA RAO, S/O.RAMA MOHANA RAO, AGED ABGUT 60 YEARS, R/O.H.NO.1-38, LST WARD, BHAVADEVARAPALLI VILLAGE, NAGAYALANKA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. THE REVENUE DIVISIONAL OFFICER, BANDAR REVENUE DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. BHAVADEVARAPALLI GRAMA PANCHAYAT, REP. BY IT'S PANEHYAT SECRETARY, BHAVADEVARAPALLI, NAGAYALAN MANDAL, KRISHNA DISTRICT. THE TAHSILDAR, NAGAYALANKA MANDAL, NAGAYALANKA, KRISHNA DISTRICT. BONDADA GANAPATHI RAO, S/O.MADAVA RAO, AGED ABOUT 47 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE TENTH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ARJA SUDHAKARA RAO, S/O.RAMA MOHANA RAO, AGED ABGUT 38, LST WARD, BHAVADEVARAPALLI VILLAGE, NAGAYALANKA MANDAL, KRISHNA DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, NA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, KRISHNA DISTRICT. THE REVENUE DIVISIONAL OFFICER, BANDAR REVENUE BHAVADEVARAPALLI GRAMA PANCHAYAT, REP. BY IT'S PANEHYAT SECRETARY, BHAVADEVARAPALLI, NAGAYALANKA THE TAHSILDAR, NAGAYALANKA MANDAL, NAGAYALANKA, BONDADA GANAPATHI RAO, S/O.MADAVA RAO, AGED ABOUT 47 2 YEARS, BHAVADEVARAPALLI, NAGAYALANKA MANDAL, KRISHNA DISTRICT. 8. MUMMAREDDY RAJA SHEKAR, S/O.SITHARAMAIAH, AGED ABOUT 45 YEARS, BHAVADEVARAPALLI, NAGAYALANKA MANDAL, KRISHNA 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the in action of the official respondents in removing the encroachment on road in R.S.No.391-1 of Bhavadeverapalli Village, Nagayalanka Mandal, Krishna District as arbitrary, illegal and violation the provisions of A.P.Panchayat Raj Act and consequently direct the Respondents to remove the encroachments on the road forthwith and pass such 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 the Respondents to remove the encroachments on the road in R.S.No.391-1 of Bhavadeverapalli Village, Nagayalanka Mandal, Krishna District pending disposal of the above Writ Petition and pass such 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 Grant Leave to the petitioner Herein/Respondents.5 in W.P.No.17734 of 2023 to file Counter affidavit in the Above writ Petition and such Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. B S N NAIDU 2. GP FOR REVENUE 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads, Mandal Praja Parishads and Gra 4. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: Non-removal of encroachments made by unofficial respondents on road in R.S No.391-1 of Bhavadeverapalli Village, Nagayalanka Mandal, Krishna District, is the grievane of the petitioner in the present Writ Petition. 2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, 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 there exists a village road for several decades connecting the houses of Chittiraju Ranga Raju and Bondada Ganapathi Rao, which has been continuously used for agricultural purposes. When attempts were made by unofficial respondents to encroach upon the said road, the petitioner submitted a complaint dated 26.12.2022 under the Spandana Programme, but the official respondents failed to take action on the ground that the road was not reflected in village records, despite admitting its existence. He further submitted that under Sections 53 and 98 of the A.P. Panchayat Raj Act, 1994, it is the mandatory duty of the Gram Panchayat to protect public roads and remove encroachments, and the respondents cannot evade their statutory obligation merely due to lack of records or alleged non-cooperation of boundary owners. Hence, prayed to pass appropriate orders protecting the interest of the petitioner. 4 4. On the other hand, learned standing counsel for Gram Panchayat, while reiterating the contents of the counter affidavit of Panchayat Secretary, Bhavadevarapalli village, contended that earlier there existed a road from the house of Chittaraju Ranga Raju to the house of Bondada Ganapathi, which was being used by the villagers and commuters of the said village. Meanwhile, one Chandu Purnanand constructed a small hut in the middle of the said road, calming that he had filed Caveat Petition No.42 of 2022 before the Principal Junior Civil Judge at Avanigadda dated 12.12.2022, thereby causing obstruction to the villagers and commuters. Subsequently, the petitioner filed Writ Petition based on the endorsement of respondent No.4 dated 22.02.2023 for failure to remove the encroachment made by respondent Nos.7 and 8. In fact, the encroachment was made by one Chandu Purnanand, which has caused obstruction to the villagers and commuters in the said village. He further submitted that Gram Panchayat passed a resolution dated 23.08.2024 to lay a C.C road from the house of Chittaraju Rangaraju to the house of Bondada Ganapati and the Gram Panchayat will follow the due process of law under Panchayat Raj Act, 1994 and G.O.Ms.No.188 dated 21.07.2011 for removing of encroachments. 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. The contention of the learned counsel for the petitioner is that the Gram Panchayat has not taken any action against the encroachments made by the unofficial respondents on the public road. In the counter, the Gram Panchayat 5 admitted the existence of the road and it is averred that the encroachment was made by one Chandu Purnanand and that the Gram Panchayat will follow the due process of law for removing the encroachments. 7. As rightly contended by learned counsel for the petitioner, it is the duty cast upon Panchayat authorities to take action against the encroachments/unauthorized constructions, if any, strictly in accordance with the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the Building Rules. As per Section 53 of the Panchayat Raj Act, all roads in any village, other than National Highways, State Highways and roads vesting in Zilla Parishad and Mandal Parishad, shall vest in the Gram Panchayat. Further as per Section 98 of the Panchayat Raj Act, the Gram Panchayat, shall by notice, remove any encroachment or obstruction, in or over a public road. Rule 4 of G.O.Ms.No.188 Panchayat Raj and Rural Development (PTO.IV) Department, dated 21.07.2011, makes it clear that the Gram Panchayat shall serve a notice on the encroacher and afford an opportunity of hearing before proceeding with eviction. 8. In view of the above and taking the submissions of both the learned counsel into consideration, since the respondent authorities have stated that they will follow the due process of law for removing the encroachments and this Court is not passing any order affecting the rights of the unofficial respondents, no notice is required to be issued to the unofficial respondents. Hence, this Court is inclined to dispose of the Writ Petition by passing the following order: 6 “The Gram Panchayat is directed to look into the grievance of the petitioner, and if it is found that there is any encroachment upon the road as alleged by the petitioner, to take appropriate steps by issuing a proper show cause notice to the unofficial respondents/encroachers, if any, inviting explanations, granting sufficient time and thereafter pass a reasoned order by affording an opportunity of being heard. If no encroachments are found, the same shall be informed to the petitioner in writing. Such exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.” 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 10.12.2025 MP 7 290 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.17734 OF 2025 10.12.2025 MP