APHC010300092025 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: 14984/2025 Between: 1. VALLEM SOBHANA BABU, S/O THIRUPATHAIAH, AGED ABOUT 42 YEARS, R/O ACHAMPET VILLAGE MANDAL, PALNADU DISTRICT. 2. CHINTHALAPATI PERUMALLU, S/O CH. RAMADASU, AGED 55 YEARS R/O ACHAMPET VILLAGE MANDAL, PALNADU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT AT NARASARAOPET. 3. THE DISTRICT PANCHAYAT OFFICER, PALANADU DISTRICT AT NARASARAOPET. 4. ATCHAMPET GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY ACHAMPET VILLAGE MANDAL, PALNADU DISTRICT. . 5. SRI NEELAM ANJANEYULU, S/O NEELAM VENKATA KOTESWARA RAO, AGED 35 YEARS, R/O. D.NO. 7-170, ACHAMPET VILLAGE MANDAL, PALNADU DISTRIC ...RESPONDENT(S): 2 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 any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 3 and 4 herein in not taking action on the petitioners representations dated 21.4.2025 and 7.5.2025 (endorsed by the respondent on 8.5.2025) against the unauthorized constructions being made by the 5TH respondent on the road, existing between the petitioners houses situate in S.No.324-2 of Chamarru Village, Atchampet Mandal, Palnadu District as illegal, contrary to the provisions of the A.P.Panchayat Raj Act and the Rules framed thereunder and Articles 14 and 300-A of the Constitution of India and consequently direct the respondents 3 and 4 to demolish the constructions being made by the 5THrespondent on the above road portion, forthwith and pass s 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 3 and 4 herein to take action on the petitioners’ representations dated 21.4.2025 and 7.5.2025 (endorsed by the 3RD respondent on 8.5.2025) against the unauthorized constructions being made by the 5TH respondent on the road, pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. PONNAM RAVINDRA BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. NAGENDRA BABU PARAGATI 3. Mattegunta.Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats The Court made the following: 3 ORDER: Questioning the action of the 3rd & 4th respondents in not taking appropriate action on the representations dated 21.04.2025 and 07.05.2025 made by the petitioners against the unauthorized constructions being made by the 5th respondent on the road, the present writ petition is filed. 2. Heard Sri Ponnam Ravindra Babu, learned counsel for the petitioners, Sri Mattegunta Sudheer, learned Standing Counsel for Gram Panchayat and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioners while reiterating the contents of the affidavit contended that when the 5th respondent started construction by encroaching the road portion situated between petitioners’ houses in Sy.No.324-2 of Chamarru Village, Atchampet Mandal, Palnadu District, they made a representation dated 21.04.2025 to the 4th respondent to take action against the same. As no action has been initiated by the 4th respondent, they made another representation dated 07.05.2025 to the 3rd respondent, who endorsed the same on 08.05.2025. However, as no action has been taken by the respondents, the 5th respondent proceeding with the construction. He further submits that it would suffice if a direction is given to the respondents to take action against the illegal constructions of the 5th respondent, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Standing Counsel and the learned Assistant Government Pleader collectively submitted the respondents would take action 4 on the petitioners’ representation in accordance with law, accordingly, prayed to pass appropriate orders. 5. Taking their submissions into consideration, as the respondents have an intention to take action on the illegal constructions, there is no purpose in keeping the writ petition pending inviting counter, as such, this Court is inclined to dispose of the writ petition by passing the following order: <The respondent authorities are directed to take action against the illegal constructions if any made by the unofficial respondent in accordance with law by issuing proper show cause notice to all the parties concerned giving sufficient time for explanation and an opportunity of being heard and pass orders within a period of three (03) months from the date of receipt of a copy of this order.= 6. 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: 25th November, 2025 RKS