w APHC010561432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE fWENTY FIFTH DAY OF^SEPTEMB^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29455 OF 2024 Between: Rama Koteswara Rao, S/o Musalayya, Aged about 67 years, Occ Business, Residing at D.No. 5-45, Uyyala Stambala Veedhi, Relangi, Iragavaram Mandal, Gummadipadu, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Transport, Roads and Buildings Department, Secretariat Buildings, Secretariat, Velagapudi, Amaravati. 2^ The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Secretariat, Velagapudi, Amaravati. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue / Department, Secretariat Buildings, Secretariat, Velagapudi, Amaravati. 4. The District Collector, Bhimavaram, West Godavari District. 5. The District Panchayat Officer, Bhimavaram, West Godavari District. 6. The Assistant Executive Engineer, Roads and Buildings, Tanuku, West Godavari District. 7. The Tahsildar, Iragavaram Mandal, West Godavari District. 8. The Panchayat Secretary, Relangi Gram Panchayat, Relangi Village, Iragavaram Mandal, West Godavari District. 9. Boddu Nagaraju, S/o Veeraswami, Aged about 48 years, Occ Business, Residing at D.No. 5-34, TarasukoduVeedhi, Relangi Village, Iragavaram Mandal, West Godavari District. ...Respondents 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 or direction more particularly one in the Writ of Mandamus declaring the action of the Respondents No. 4 to 8 in not initiating Representations of the Petitioner dated 08.01.2024, any action on the 12.02.2024, 14.03.2024 and 06.09.2024 basing on the survey report dated 12.01.2024 for removing obstruction on Tanuku-Bhimavaram Road at Relangi which is an R and B Road illegally occupied by Respondent No. 9 as illegal, arbitrary and violation of Principles of Natural Justice and violation of article 350 of constitution of India. lA NO: 1 OF 2024 Petition under Section 151 CPG 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 4 & 5 to initiate appropriate action in accordance with law basing on the Petitioner’s Representations dated. 08.01.2024, 12.02.2024 and 14.03.2024 as expeditiously as possible. lA NO: 2 OF 2024 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 4 and 5 to initiate appropriate action in accordance with law basing on the Petitioner Representation dated 6.09.2024 as expeditiously as possible. Counsel for the Petitioner: SRI O UDAYA KUMAR Counsel for the Respondents No.1,6: GP FOR TRANSPORT Counsel for the Respondents No.2, 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.3v 4, 7: GP FOR REVENUE Counsel for the Respondent No.8: SRI YARRAGUNTLA KOTESWARA RAO, Standing Counsel ForZilla Praja Parishads, Mandal Praja Parishads and Gra Counsel for the Respondent Np.9: GINJUPALLI SUBBA RAO The Court made the following order: APHC010561432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0 *.• 1i>x:h THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29455/2024 Between: 1.CH RAMA KOTESWARA RAO, S/0 MUSALAYYA, AGED ABOUT 67 RESIDING AT D.NO. 5-45, UYYALA RELANGI, IRAGAVARAM MANDAL, YEARS, OCC BUSINESS, STAMBALA VEEDHI, GUMMADIPADU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT, VELAGAPUDI, TRANSPORT, ROADS AND BUILDINGS SECRETARIAT BUILDINGS,SECRETARIAT, AMARAVATI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, SECRETARIAT, VELAGAPUDI, AMARAVATI. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT SECRETARY, BUILDINGS, SECRETARIAT, VELAGAPUDI, AMARAVATI. 4.THE DISTRICT COLLECTOR, BHIMAVARAM, WEST GODAVARI DISTRICT. 5.THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER, ROADS AND BUILDINGS. 2 TANUKU, WEST GODAVARI DISTRICT. 7.THE TAHSILDAR, IRAGAVARAM MANDAL, WEST GODAVARI DISTRICT. 8.THE PANCHAYAT SECRETARY, RELANGl GRAM PANCHAYAT, RELANGI VILLAGE. IRAGAVARAM MANDAL,WEST GODAVARI DISTRICT. 9.BODDU NAGARAJU, S/0 VEERASWAMl, AGED ABOUT 48 YEARS, OCC BUSINESS. RESIDING AT D.NO. 5-34, TARASUKODUVEEDHI, RELANGI VILLAGE, IRAGAVARAM MANDAL.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 topleased to issue a writ, order or direction more particularly one in the Writ of Mandamus declaring the action of the Respondents No. 4 to 8 in not initiating any action on the Representations of the Petitioner dated 08.01.2024, 12.02.2024, 14.03.2024 and 06.09.2024 hasing on the survey report dated 12.01.2024 for removing obstruction on Tanuku-Bhimavaram Road at Relangi which is an R and B Road illegally occupied by Respondent No. 9 as illegal, arbitrary and violation of Principles of Natural Justice and violation of article 350 of constitution of India and to pass lA NO: 1 OF 2024 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 pleased to direct the Respondents 4 & 5 to initiate appropriate action in accordance with law basing on the Petitioner’s Representations dated. 08.01.2024, 12.02.2024 and 14.03.2024 as expeditiously as possible and to pass lA NO: 2 OF 2024 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 pleased to direct the Respondents 4 and 5 to initiate appropriate action in accordance with law basing on the Petitioner Representation dated 6.09.2024 as expeditiously as possible and to pass 3 Counsel for the Petitioner: 1.0 UDAYA KUMAR Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE S.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 4.GINJUPALLI SUBBA RAO 5.GP FOR TRANSPORT The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29455/2024 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos. 4 to 8 in not initiating any action on the representations of the petitioner dated 08.01.2024, 12.02.2024, 14.03.2024 and 06.09.2024 basing on the survey report dated 12.01.2024 for removing obstruction on Tanuku-Bhimavaram Road at Relangi which is an R and B Road illegally occupied by Respondent No.9 as Illegal, arbitrary and violation of principles of natural justice and violation of article 350 of Constitution of India and pass such other order. ” 2. Heard learned counsel for the petitioner, learned Standing Counsel for respondent No.8 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner submitted representations for removal of the encroachments. This Court passed an order dated 06.02.2024 in W.P.No.3018 of 2024. The operative portion of the said order is extracted hereunder; “In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to submit an explanation to the latest notice dated 19.01.2024 issued by the 3"^ respondent treating the said notice as show- 5 cause notice, within a period of one week from the date of receipt of a copy of this order. Upon filing such explanation, the respondent is directed to consider the same and pass appropriate orders, in accordance with law by duly affording an opportunity of hearing to the petitioner. It is made clear that the-respondents shall not interfere with the petitioner’s property, until final orders are passed. 9. With the above direction, the writ petition is disposed of There shall be no order as to costs. ” 4. Learned counsel for the petitioner further submits that pursuant to the order of this Court dated 06.02.2024 as extracted above, respondent No.8/Gram Panchayat passed a speaking order on 16.01.2025. Even after passing the speaking order and even though the petitioner submitted several representations, respondent No.8/Gram Panchayat not proceed with the removal of the encroachments. Hence, the Writ Petition. 5. On the other hand, learned Standing Counsel for respondent No.8 furnished written instructions/speaking order dated 16.01.2025. He further submits that pursuant to the order of this Court, the respondents passed a speaking order 16.10.2025 directing the respondents to remove the unauthorized construction. He further submits that the respondents will consider the representation of the petitioner and will take further action against the unofficial respondent. 6 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing respondent Nos.5 and 8 to consider the ■ representations of the petitioner with reference to the speaking order dated 16.01.2025 and proceed further by following due process of law. The entire exercise shall be completed, within a period of three(3) months from the date of receipt of copy of this Order. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- A VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// To. SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Transport, Roads and Buildings Department, Secretariat Buildings, Secretariat, Velagapudi, Amaravati. 2. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj Department, Secretariat Buildings, Secretariat, Velagapudi, Amaravati. 3. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Secretariat, Velagapudi, Amaravati. 4. The District Collector, Bhimavaram, West Godavari District. 5. The District Panchayat Officer, Bhimavaram, West Godavari District. 6. The Assistant Executive Engineer, Roads and Buildings, Tanuku, West Godavari District. 7. The Tahsildar, Iragavaram Mandal, West Godavari District. 8. The Panchayat Secretary, Relangi Gram Panchayat, Relangi Village, Iragavaram Mandal, West Godavari District. ^ One CC to SRI O UDAYA KUMAR Advocate [OPUC] ia.Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] l;l.Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] ^.One CC to SRI YARRAGUNTLA KOTESWARA RAO, Standing Counsel For Zilla Praja Parishads, Mandal Praja Parishads and Gra Advocate [OPUC] 13. One CC to SRI GINJUPALLI SUBBA RAO Advocate [OPUC] J4.TW0 CCs to GP FOR TRANSPORT High Court of Andhra Pradesh [OUT] 15. Two CD Copies gsg HIGH COURT DATED:25/09/2025 ORDER WP NO. 29455 OF 2024 disposing the WP WITHOUT COSTS