1 APHC010375462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19780/2025 Between: 1. MUDAVATH BUJJI, W/O. ANJI NAIK, OCC. AGRICULTURAL LABOR, R/O. DOOR NO. 10-14, THIMMAYAPALEM VILLAGE, POTHAVARAM PANCHAYATH, DARSI MANDAL, PRAKASAM DISTRICT. 2. NANAVATH DEVIBAI,, W/O. NERASIMHULU NAYAK, OCC. AGRICULTURAL LABOR, R/O. DOOR NO. 10-15, THIMMAYAPALEM VILLAGE, POTHAVARAM PANCHAYATH, DARSI MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYATRAJ DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER PANCHYAT RAJ AND RURAL DEVELOPMENT, DEPARTMENT OF PANCHAYAT RAJ, ANDHRA PRADESH O/O. COMMISSIONER PANCHAYAT RAJ AND RURAL DEVELOPMENT GOVT, OF ANDHRA PRADESH, PVS EMPIRE, D. NO. 12-47, TADEPALLE VILLAGE, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PRAKSAM DISTRICT AT ONGOLE. 4. THE DISTRICT PANCHYAT OFFICER, PRAKASAM DISTRICT AT ONGOLE. 2 5. THE REVENUE DIVISIONAL OFFICER, DARSI MANDAL, PRAKASAM DISTRICT. 6. THE MANDAL THASILDAR, DARSI MANDAL, PRAKASAM DISTRICT. 7. PANCHAYATH SECRETARY, THIMMAYA PALEM VILLAGE, POTAVARAM PANCHAYATH, DARSI MANDAL PRAKASAM DISTRICT. 8. SIDDALA YASAIAH S/O ANANDAM, R/O. THIMMAYAPALEM VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. 9. AKUMALLA VENKATESWARLU S/O TIRUMALAIAH, R/O. THIMMAYAPALEM VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. 10. MUDAVATH ANJI NAYAK S/O MALLA NAYAK, R/O. THIMMAYAPALEM VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. RR 8 TO 10 ARE IMPLEADED AS PER THE COURT ORDER DATED 13.08.2025 VIDE ORDER PASSED IN I.A.NO. 2 OF 2025. ...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 inaction on the part of 2nd to 7th respondents on petitioners representation dated 10.07.2025, submitted for conduct enquiry and initiate necessary action accordance with G.O.Ms.No.188, Dt. 21.07.2011, in Survey No. 93/1, Ac.0.05 cents in Thimmayapalem Village, Pothavaram Panchayath, Darsi Mandal, Prakasam District, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on 2nd to 7th respondents and offends article 14 and 300-A of Constitution 3 of India and consequently direct the 2nd to 7th respondents by removing already erected portion Tin shaid thereof in D-Patta Passage and to pass Counsel for the Petitioner(S): 1. PANGA SIVANARAYANA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.19780 of 2025 This Court made the following ORDER: Heard learned counsel for the petitioners, learned Government Pleader for Panchayat Raj representing Respondent Nos.1, 2 & 4, learned Government Pleader for Revenue representing Respondent Nos.3, 5 and 6 and learned Standing Counsel for Respondent No.7 and perused the material placed on record. 2. Learned counsel for the petitioners submits that the petitioners are house site patta holders duly granted by the 6th respondent herein on 21.05.2002. Pursuant to the granting of house site pattas in favour of the petitioners, the petitioners got constructed their respective houses in their respective plots. Learned counsel for the petitioners submits that the subject layout was formed and distributed by the 5th and 6th respondents herein. 5 3. While so, the unofficial respondents herein encroached the layout road and causing inconvenience to ingress and egress of the petitioners. Hence the writ petition. 4. On the other hand, learned Standing Counsel for Gram Panchayat submitted written instructions, wherein it is admitted that the petitioners herein were granted house sites by the 5th and 6th respondent herein in Survey No.93/1 to an extent of Ac.0.2 ½ cents each in the year 2002. Since the layout was formed by the 5th and 6th respondents herein, they have to take proper action for removal of the encroachments if any in respect of the said layout. 5. Learned Standing Counsel for 6th Respondent furnished written instructions dated 13.08.2025, wherein it is stated as under: “4. It is submitted that upon receiving the petitioner’s representation through PGRS on 14.07.2025, the Tahsildar Office, Darsi had issued notice to the petitioner and mentioned parties vide Rc.A/369/2024, dated 22.07.2025, directing them to explain their explanation. The Mandal Revenue Inspector, Darsi and Village Revenue Officer, Thimmayapalem have visited the schedule land to conduct an immediate spot inspection of Survey No.93/1 and identified and confirmed the illegal encroachment by others by way of erected a shed in vacant land in Sy.No.93-1 which is not allotted to anyone and it is under control of Grama Panchayat of Pothavaram Village of Darsi Mandal. 5. It is further submitted that, at the time of inspection directions was also issued to the Panchayat Secretary, Pothavaram Gram Panchayat (Respondent No.7) to take necessary action against encroachers that has powers and responsibility under the Andhra Pradesh Panchayat Raj Act, 6 1994, and G.O.Ms.No.188, Dated 21.07.2011, for removal of encroachments on properties vested in it, including pathways.” 6. It is submitted by the 6th respondent herein that after formation of layout roads, the layout and roads are vested with the Gram Panchayat. Therefore, any encroachments in respect of layout roads the Gram Panchayat is the competent authority to remove the encroachments and protect the layout roads in terms of G.O.Ms.No.188, dt; 21.07.2011. 7. Considering the submission made by learned counsel for the petitioners, learned Government Pleader for 5th and 6th respondents and learned Standing Counsel for 7th Respondent as well as written instructions submitted by 6th and 7th respondents and perusal of the material placed on record, it is observed that the petitioners were granted house site pattas at the subject layout by the 6th respondent herein in the year 2002. The said fact was admitted by the respondent Nos.6 and 7 herein. It is further admitted that the subject layout was formed and house site pattas were distributed to the petitioner and other eligible houseless poor persons. 8. It is settled proposition of law that once the layout was formed by the revenue authorities and after distribution of house sites, the common areas like roads, layout open spaces are 7 vested with Gram Panchayat and as per the terms of G.O.Ms.No.188, dt; 21.07.2011 the Gram Panchayat has to protect the same as its property. In the instant case in hand the allegation of the petitioners is that the unofficial respondents are occupying the layout roads, even after complaint submitted by the petitioners, the 7th respondent neither initiated any action even though he was under statutory obligation for removal of the encroachments is legally valid and reasonable. 9. In view of settled proposition of law, that the 6th and 7th Respondents herein directed that after conducting survey and demarcation, if any encroachments were found as alleged by the petitioners, the same shall be removed by following due process of law. 10. With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 26.09.2025 krk 8 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.19780 of 2025 DT: 26.09.2025 krk 214