APHC010639072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 33258/2025 Between: 1. SHAIK DARIYAVALLI, S/O. MASTAN, AGED ABOUT 59YEARS, OCCUPATION DAILY WAGE LABOURER, R/O. DOOR NO. 13- 13-9/1, MASJID BAZAR, PINAPADU VILLAGE, TENALI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, PALNADU DISTRICT, AT OFFICE COMPLEX, NARASARAOPET, PALNADU DISTRICT. 4. THE TAHASILDAR, KROSURU MANDAL, PALNADU DISTRICT 5. THE PANCHAYAT SECRETARY, KROSURU GRAM PANCHAYAT, KROSURU MANDAL, PALNADU DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, ROADS AND BUILDINGS (R AND B) DEPARTMENT KROSURU DIVISION, 2 KROSURU MANDAL, PALNADU DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS (R AND B) DEPARTMENT SATTENAPALLI SUB- DIVISION, SATTENAPALLI, PALNADU DISTRICT. 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, KROSURU MANDAL, PALNADU DISTRICT. 9. KANDRU VENKATESWARLU, S/O POORNAIAH, AGED ABOUT 55 YEARS, R/O ANDUKURU ROAD, OPP TO CHURCH, KROSURU VILLAGE AND MANDAL, PALNADU DISTRICT 10. KANDRU SESHAGIRI RAO, S/O LATE KANDRU SESHAGIRI RAO, AGED ABOUT 52 YEARS, R/O ANDUKURU ROAD, OPP TO CHURCH KROSURU VILLAGE AND MANDAL, PALNADU 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 an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the inaction and failure on the part of Respondents No.5 to 8 in not taking any effective steps or action pursuant to the proceedings issued by the Respondent no.4, vide RC.No. 305/2020-A, dated 07.10.2025, directing removal of unauthorized encroachments on the public road (R and B road margin) situated in Survey No. 550, Krosuru Village and Mandal, Palnadu District, as illegal, arbitrary, contrary to law and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the Respondents No.5 to 8 to forthwith implement the said proceedings by removing the said encroachments 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 directing the Respondent Nos. 5 to 8to forthwith implement the proceedings of Respondent no.4, vide RC.No. 305/2020-A dated 07-10-2025, and take necessary action for the removal of encroachments made by unofficial respondents in Sy. No. 550 (R&B 3 Road Margin) of Krosuru Village in accordance with the provisions of the A.P. Panchayat Raj Act, 1994pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. AYESHA AZMA S Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. GP FOR REVENUE The Court made the following: 4 ORDER: Declaring the inaction of respondents in taking effective steps pursuant to proceedings dated 07.10.2025 issued by the 4th respondent directing removal of unauthorized encroachments on the public road (R&B road margin) situated in Sy.No.550 of Krosuru Village and Mandal, Palnadu District, as illegal and arbitrary, the present writ petition is filed. 2. Heard Smt.Ayesha Azma, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat, Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Ch.Praveen, learned Assistant Government Pleader for Roads & Buildings and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that pursuant to the directions of this Court in W.P.No.20639 of 2025, the Tahsildar had issued notice dated 07.10.2025 to the Panchayat Secretary informing that there are encroachments in the subject property and the same falls within the jurisdiction of the Panchayat, Krosuru, and to take steps in removing the said encroachments. However, no 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 Gram Panchayat to take steps as per the 5 notice dated 07.10.2025 in accordance with law in a time bound manner, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Standing Counsel for Gram Panchayat on written instructions submitted that basing on the letter dated 07.10.2025 issued by the Tahsildar, the Gram Panchayat will issue eviction notices to the encroachers and remove the encroachments by following due process of law as per G.O.Ms.No.188 dated 21.07.2011, accordingly, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by the learned counsel. 6. Despite the proceedings vide RC.No.305/2020-A dated 07.10.2025 issued by the Tahsildar duly informing the Panchayat Secretary that the subject matter of encroachments and eviction falls within the jurisdiction of the Krosuru Panchayat and directing to take steps to remove the encroachments, no action has been initiated is the grievance of the petitioner. A perusal of the said proceedings would indicate that no particulars of the extents was mentioned as per Sections 53 & 98 of Andhra Pradesh Panchayat Raj Act, 1994. However, by virtue of G.O.Ms.No.188 dated 21.07.2011, a duty was cast upon the Gram Panchayat to remove the encroachments when it is in the road or its margins. 6 7. In view of the same, 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 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 07.10.2025 in accordance with law by giving proper show cause notice 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.= 8. 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: 02nd December, 2025 RKS