::1:: APHC010385202019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18489/2019 Between: 1.SHIVUDU RAMBABU, S/O ERRAYYA 50 YEARS PRIVATE EMPLOYEE RESIDENT OF D.NO . 12-111 KESAVARM VILLAGE, MANDAPET MANDAL, EAST GODAVARI DISTRICT. 2.SRIMATHI ANTARVEDI CHANDRA,, W/O CHIRANJEEVI D.NO.12-116/A, KOTHAPET, KESAVARRN VILLAGE MANDAPET MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRECTARY, DEPARTMENT OF PANCHAYAT RAJ, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 3.THE TASILDAR, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. 4.THE KESAVARAM GRAMA PANCHAYAT, REP BY ITS PANCHAYATI SECRETARY, KESAVARAM, MANDAPET MANDAL, EAST GODAVARI DISTRICT. 5.GODAVARI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, KAKINADA, EAST GODAVARI DISTRICT. 6.UNDAMATLA CHANDRAVATHI, W/O.LATE SUBBA RAO, AGED 70 YEARS, R/O.D.KESAVARAM, MANADAPETA MANDAL , EAST GODAVARI DISTRICT. 7.UNDAMATLA SRINU, S/O LATE SUBBA RAO, AGED 42 YEARS, R/O.D.KESAVARAM, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ or order or direction more particularly one in the nature of Writ o. Mandamus declaring the action of the respondents 2 to 5 in failing to initiate legal action against the respondents 6 and 7 pursuant to the representations of the petitioners dated 27.09.2019 and 18.10.2019 for removal of the illegal structures made by them in the surrounding lay out compound wall of the petitioners lay out in S.Y No.75/2B and 182/2 at plot No.382 in D.Kesavaram ,village, Mandapeta mandal, E.G district as illegal, arbitrary, contrary to the orders passed in W.P. No. 10150/2019 dated 13.08.2019 and consequently direct the respondent 2 to 5 to forthwith initiate action against the respondents 6 and 7 by passing orders as per the directions of this hon'ble court in W.P. No.10150/2019 dated 13.08.2019 and pass...” 2. The case of the petitioners is that the respondent Nos.2 to 5 are not taking any action against the illegal constructions made by the respondent Nos. 6 and 7 within the compound wall of the petitioners lay out situated in Sy.No.75/2B and 182/2 at Plot No.382 in D.Kesavaram, village, Mandapeta mandal, East Godavari District. 3. The learned counsel for the petitioners submits that the petitioners have been residing in the Social Welfare Layout Colony 3 at D. Kesavaram Village, Mandapeta Mandal, East Godavari District, for several years. The petitioners submitted their representations dated 27.09.2019 and 18.10.2019 to the respondent authorities seeking for removal of the illegal structures/constructions put up by respondent Nos. 6 and 7 herein. He further submits that, by order dated 13.08.2019 passed in W.P. No. 10150 of 2019, this Court specifically directed the respondents to follow due process of law and to remove the encroachments made by respondent Nos. 6 and 7. But, for one reason or the other, the respondents are not initiated any steps to remove the illegal structures/constructions and also failed to follow due process of law pursuant to the encroachments made by respondent Nos. 6 and 7. Hence, the writ petition. 4. On the other hand, the learned Standing Counsel appearing for respondent No. 4 furnished written instructions dated 22.08.2025, wherein it is stated that the land in Sy. Nos. 75/2B and 182/2 is Government land, and a Social Welfare Layout was formed. While so a layout road has been encroached by the respondent Nos. 6 and constructed a RCC building without any valid permission and title. It is further observed that the 7th respondent 4 also has encroached on part of the internal road as well as a portion of the public main road of the layout. Such encroachment on the main public road can be removed in accordance with law. 5. Heard the learned counsel for the petitioners and the learned Standing counsel for Grampanchyat appearing for the respondent No.4 and perused the material available on record. 6. After considering the submissions made by both learned counsel and in view of the written instructions issued by the 4th respondent Gram Panchayat as well as the FMB submitted by the 4th respondent, it appears that respondent Nos. 6 and 7 have occupied some portion of the main public road as well as part of the internal road of the layout and have constructed respective houses without having any title and approval in their favour. It is further observed that, as per the written instructions of the 4th respondent, it is indisputable that respondent Nos. 6 and 7 have encroached on a portion of the internal road of the layout and a portion of the main public road situated in Sy.No. 75/2B and 182/2. In view of the specific admission made by the 4th respondent Gram Panchayat regarding the encroachment of the public road, the same should be addressed in accordance with law. 5 7. In view of the facts and circumstances as stated above, the respondent Nos. 3 to 5 are hereby directed to demarcate the encroached portions of land occupied by respondent Nos. 6 and 7 by conducting a proper survey and demarcation in accordance with the provisions of the A.P. Survey and Boundaries Act, 1923. Upon identifying the encroached area by respondent Nos. 6 and 7, the 4th respondent Gram Panchayat shall take further action by following due process of law and pass appropriate orders in accordance with law within a period of three (03) months from the date of receipt of a copy of this order. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 29.08.2025 klk 6 191 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.18489 of 2019 29.08.2025 klk