APHC010670902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 34726/2025 Between: 1. MADINALA SOBHAN BABU, S/O VENKATA RAO, AGE-45YRS R/O 1-56 AMBEDKAR STATUE BACK SIDE THOGUMMI KOVVUR, EAST AP ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, R AND R DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DIST 2. DISTRICT COLLECTOR, EAST GODAVARI DISTRICT 3. THE DEPUTY EXECUTIVE ENGINEER, KOVVUR R AND B DIVISION KOVUR EAST GODAVARI DISTRICT 4. THE ASSISTANT ENGINEER R AND B DIVISION, KOVVUR EAST GODAVARI DISTRICT 5. THE TAHSILDAR, THOGUMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT 6. THE MANDAL SURVEYOR, THOGUMMI VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT 7. THOGUMMI GRAM PANCHAYAT, KOVVUR MANDAL, EAST GODAVARI DISTRICT 2 8. ABOTHU RAJESH, S/O BABU RAO R/O THOGUMMI VILLAGE, KOVVUR MANDAL EAST GODAVARI 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 a Writ, Order of Direction, more particularly one in the nature of Writ of Mandamus by declaring the illegal occupation and construction made by the Respondent No.8 over Government R and B land in Survey No.71, Togummi Village, Kovvur Mandal, West Godavari Dist. as illegal, arbitrary, and offends Articles 14, 19 and 300-A of Constitution of India and consequently direct the Respondents to take immediate and effective steps to remove the encroachment and illegal constructions made by the Respondent No.8 and restore the Government R and B land to its original condition meant for public use and Pass 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 direct the Respondents to take action against Respondent No.8 and desist him from proceeding with illegal construction carried out in the subject land and restrain the Respondent No.8 from making any further construction or encroachment, and pass Counsel for the Petitioner: 1. SURYA TEJA ANUMOLU Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE The Court made the following: 3 ORDER: Declaring the illegal occupation and construction made by the 8th respondent over Government R&B land in Sy.No.71 of Togummi Village, Kovvur Mandal, West Godavari District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Surya Teja Anumolu, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, Sri Praveen, learned Assistant Government Pleader for Roads & Buildings and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit submitted that the when the 8th respondent illegally constructing in the subject land of the Government, causing obstruction for ingress and egress of the public, the petitioner made representations dated 13.05.2025 & 11.08.2025 to the concerned authorities to take action on the same. Thereafter, a survey has been conducted and confirmed the encroachments. Despite such confirmation, no further action has been initiated by the respondents. He further submitted that it would suffice for the time being if a direction is given to the respondents to take action on the encroachments in a time bound manner, accordingly, prayed to pass appropriate orders. 4 4. On the other hand, learned Standing Counsel for Gram Panchayat on written instructions dated 12.12.2025 submitted that there are encroachments in the subject land and the authorities would take steps in accordance with law, accordingly, prayed to pass appropriate orders. 5. Sri Mangena Sree Rama Rao, learned counsel for the 8th respondent appeared without caveat and notice and submitted that there are civil disputes between the petitioner and the unofficial respondents wherein a civil suit is also pending and the unofficial respondent is proposing to lay a road in his private land. The petitioner, without having any right is obstructing the unofficial respondent from the same and even the petitioner is an encroacher and in earlier writ petition a direction has been given to take steps against the said encroachments, however, till today no steps have been initiated for removal of the encroachments. He further submitted that if the road is not laid it not only affects the rights of the unofficial respondents but also similarly situated persons, accordingly, prayed to pass appropriate orders. 6. Perused the record and considered the submissions made by the learned counsel. 7. Despite bringing it to the notice of the respondent authorities about the illegal construction being made on the R&B road by way of representations dated 13.05.2025 & 11.08.2025, no action has been 5 initiated is the grievance of the petitioner. A perusal of the notice dated 08.10.2025 would indicate that there are encroachments in the R&B road. As per Sections 53 & 98 of Andhra Pradesh Panchayat Raj Act, 1994 and by virtue of G.O.Ms.No.188 dated 21.07.2011, a duty is cast upon the Gram Panchayat to remove the encroachments when there are encroachments on the road or its margins. 8. The other contention advanced by Sri Mangena Sree Rama Rao, learned counsel is that the petitioner is not allowing the unofficial respondent to lay a road and if the said road is not laid, it not only affects the rights of the official respondents but also similarly situated persons of the said locality. No doubt it is a bounden duty cast upon the Gram Panchayat to provide roads to the public by virtue of Section 45 of the Andhra Pradesh Panchayat Raj Act, 1994. In the present case, the Gram Panchayat failed to do its statutory duty. As such, this Court is not inclined to go into those aspects, however, to meet the ends of justice, as the relief sought is innocuous and no positive orders are being passed against the unofficial respondents, issuance of notice to them is dispensed with and this Court, with the consent of the parties, is inclined to dispose of the writ petition by passing the following order: <The respondent authority concerned is directed to take steps to remove the encroachments as mentioned in the proceedings dated 08.10.2025 in accordance with law by giving proper show cause notice 6 inviting explanation by giving sufficient time to all the encroachers and also by providing an opportunity of being heard and pass a reasoned order and take steps accordingly. Such exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. It is needless to observe that if a road is required to be laid and any proposals are there on the said aspect in the subject place, the authorities shall follow law and lay a road.= 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 12th December, 2025 RKS