APHC010557592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28835/2025 Between: Thota Ranga Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SS RAMA KRISHNA PRASAD 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 The Court made the following order: Questioning the action of respondent nos.3 to 5 in allowing the illegal construction made by the 6th respondent on the Panchayat road and infront of petitioner’s building without following due process of law, the present writ petition is filed. 2. Heard Sri Subramanyam, learned counsel representing learned counsel for the petitioner, Sri M.Sudhir, learned Standing counsel for Gram Panchayat and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that the 6th respondent has encroached the panchayat road (to an extent of 12ft x 5ft) which is infront of the petitioner’s RCC building and constructing RCC room illegally without jurisdiction and in violation of principles of natural justice and thereby obstructing the ingress and egress of the petitioner. In spite of making a complaint dated 05.05.2025 to the 2nd respondent, no action was taken by the respondents. He further submits that it would suffice for a time being if a direction is given to the authorities to take steps in accordance with law. 4. On the other hand, Sri M.Sudhir, learned Standing counsel submitted that, the petitioner, being an encroacher, cannot raise any allegations against others, however, the authorities would take steps against the illegal constructions/encroachments if any made in accordance with law. 5. Perused the record and considered the submissions of both the learned counsel. 6. As could be culled out from the facts and circumstances of the case, the 6th respondent is making constructions illegally by encroaching the panchayat road which is infront of the petitioner’s RCC building and thereby obstructing the ingress and egress of the petitioner and despite making a complaint, the respondents have not acted upon. 7. Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994, deals with the vesting of public roads in the Gram Panchayat. Section 98 grants the executive authority the power to issue notices to remove encroachments or obstructions on public roads. By virtue of G.O.Ms.No.67 dated 26.02.2022, no site or parcel of land shall be used for building activity unless it is approved as building plot or forms part of an approved layout. 8. In view of the above, as the authorities have stated that they would take steps against the illegal constructions if any made, without going into merits and de-merits of this case, this Court is inclined to dispose of the writ petition with the following direction: <The Gram Panchayat shall consider the complaint made by the petitioner dated 05.05.2025 and shall take steps against the illegal constructions, if any made by the 6th respondent in accordance with law by issuing proper notices to all the concerned parties inviting explanation by giving reasonable time and to pass a reasoned order after providing an opportunity of being heard and communicate the same to all the parties concerned. This entire exercise shall be completed within three(03) months from the date of receipt of copy of this order. Further, if there are no encroachments, the Gram Panchayat shall inform the same to the petitioner in writing=. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS