APHC010180822023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9313/2023 Between: 1. MULLAPUDISRINIVASA RAO,, AGED 47 YRS S/O VENKATAGANGADHARA RAO R/OPULLALAPADU VILLAGE, NALLAJERLAMANDAL WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENTDEPARTMENT , SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU 3. THE DISTRICT PANCHAYAT OFFICER, ELURU, WEST GODAVARI DISTRICT 4. THEREVENUE DIVISIONAL OFFICER, ELURU, WEST GODAVARI DISTRICT 5. THETAHSILDAR, NALLAJERLAMANDAL WEST GODAVARIDISTRICT 6. THE GRAM PANCHAYAT, PULLALAPADU VILLAGE REP BY ITS PANCHAYAT SECRETARY, PULLALAPADU VILLAGE NALLAJERLAMANDAL, WEST GODAVARI 7. THE PANCHAYAT SECRETARY, PULLALAPADU GRAM PANCHAYAT PULLALAPADU VILLAGE, NALLAJERLAMANDAL, WEST GODAVARI DISTRICT 2 8. ALLURIMANGARAJU, AGE NOT KNOWN S/O VENKATA RAO, R/O PULLALAPADU VILLAGE NALLAJERLAMANDAL, WEST 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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the proceedings issued by the 7threspondent dated 16.04.2022 directing the petitioner to approach civil court with respect to the encroachment of the CC Raod vested with the gram panchayat and illegal construction of wall across the gate the petitioner covered under Sy.No. 942/1, Situated in Pullalapadu Village, NallajerlaMandal of West Godavari as illegal, arbitrary and contrary to the provisions of the A.P. Panchayat Raj, Act, 1994 and rules made there under and consequently set aside the same and direct the respondent to remove the encroachments and provide access the petitioners to the northern side road and pass 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 respondents to conduct a survey and enquiry as to the encroachments and illegal constructions across the gate of the petitioners on the northern side of the petitioner's house covered by Sy.No.942/1, Situated in Pullalapadu Village, Nallajerla Mandal, West Godavari District and pass Counsel for the Petitioner: 1. HARISH KUMAR RASINENI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4. M J SIVA RAMA KRISHNA The Court made the following: 3 ORDER: Questioning the proceedings dated 16.04.2022 issued by the 7th respondent directing the petitioner to approach civil Court with respect to the encroachment of the CC road vested with the Gram Panchayat and illegal construction of wall across the gate of the petitioner covered under Sy.No.942/1 situated in Pullalapadu Village, Nallajerla Mandal, West Godavari District, as illegal, arbitrary, present writ petition is filed. 2. Heard Sri Harish Kumar Rasineni, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the 8th respondent has illegally constructed a brick wall across the gate of the petitioner completely closing access to the road on the northern side of the house obstructing his ingress and egress. Thereafter, the petitioner approached the 6th & 7th respondents to take necessary action in that regard, as no action has been initiated by the respondents. The petitioner approached this Court by way of W.P.No.20900 of 2020 and this Court on 10.11.2020 disposed of the same directing the 7th respondent to dispose of the representation dated 06.10.2020 submitted by the petitioner in accordance with law. Pursuant to the same, the 7th respondent, issued the impugned proceedings dated 16.04.2022 directing the petitioner to approach competent civil Court. He further submitted that if the same is allowed to continue, it 4 affects the rights of the petitioner, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Standing Counsel on counter submitted that there are civil disputes between the petitioner and the unofficial respondents and the Gram Panchayat has no power to involve in the said issue. The writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. Issuance of the impugned proceedings directing the petitioner to approach civil Court, is the grievance of the petitioner. A perusal of the counter and the impugned proceedings would indicate that there are civil disputes between the petitioner and the unofficial respondents and the Gram Panchayat has no power to involve in the said issue. It has repeatedly been held by Apex Court and various High Courts that a regular suit is the appropriate remedy for settlement of disputes relating to property rights between private persons and that the remedy under Article 226 of the constitution shall not be available except where violation of some statutory duty on the part of a statutory authority is alleged. The jurisdiction is special and extra-ordinary and should not be exercised casually or lightly. As such, without going into the merits and demerits of the matter, this Court is inclined to dispose of the writ petition. 6. Accordingly, the Writ Petition is disposed of. However, the petitioner is at liberty to approach competent civil Court for redressal of his grievance if he is so advised/desire. There shall be no order as to costs. 5 As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03rd December, 2025 RKS