APHC010221302023 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: 12150/2023 Between: 1. V RADHA KRISHNA, S/O.LATE VENKATESWARLU, AGED ABOUT 80 YEARS, 0CC . RETD. GOVT. EMPLOYEE, R/O. 1- 145/3, ALAMURU VILLAGE, ALAMURU MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT., ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KORIASEEMA DISTRICT., AMALAPURAM, ANDHRA PRADESH. 3. THE DISTRICT PANCHAYAT OFFICER, DR.B.R.AMBEDKAR KONASEEMA DISTRICT., AMALAPURAM, ANDHRA PRADESH 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ALAMURU MANDAL, ALAMURU, DR.B.R.AMBEDKAR KONASEEMA DISTRICT., AMALAPURAM, ANDHRA PRADESH. 5. THE PANCHAYAT SECRETARY, ALAMURU PANCHAYAT., ALAMURU MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT., ANDHRA PRADESH. 2 6. THORATI SATYANARAYANA S/O T PEDDA SATYAM, AGED 64 YEARS, RESIDENT OF 11-19-22/6, ALAMURU, ALAMURU MANDAL, KONASEEMA DISTRICT R6 IS IMPLEADED AS PER THE CO DT.14.08.2024 VIDE ORDERS PASSED IN IA NO.02 OF 2023. ...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 in action of the respondents, on the representation dt.20/2/2023, as highly illegal, arbitrary, unjust, void and consequently, direct the 2nd respondent, to pass appropriates orders on the representation dt.20/2/2023 of the petitioner, in accordance with law, 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 the 2nd respondent to dispose of the representation dt.20/2/2023 of the petitioner forthwith, pending disposal of the above writ petition, and pass IA NO: 2 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 pleased to permit the petitioner to implead the proposed respondent No.6, as a party to the proceedings, in the interest of justice, and pass Counsel for the Petitioner: 1. G CHANDRA SHAKHAR RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja 3 Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. BOLLA VENKATA RAMA RAO The Court made the following: ORDER: Declaring the action of the respondents in not considering the representation dated 20.02.2023 made by the petitioner, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri S.Rama Lakshmana Reddy, learned counsel representing Sri G.Chandra Sekhara, 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 when the 6th respondent encroached the Panchayat Road, the same was brought to the notice of the official respondents by way of a representation dated 20.02.2023. However, the same is pending consideration and no action has been initiated against the encroachments. He further submitted that it would suffice for the time being if a direction is given to the respondents concerned to take steps on the petitioner’s representation and remove the encroachments as per law, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Standing Counsel, on written instructions submitted that the unofficial respondent has not encroached 4 the Panchayat property. The CC road extends from house of one Sri Padala Srinu to the house of the 6th respondent and after ending CC road the 6th respondent laid down the concrete surface in front of his house adjoining the CC road. The writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by the learned counsel. 6. Non consideration of the representation dated 20.02.2023 made by the petitioner to the official respondents for removing the encroachments on the public road is the grievance of the petitioner. A perusal of the written instructions would indicate that there are no encroachments on the public road. However, there is no material to indicate that any order has been passed on the petitioner’s representation or that the reasons for non-consideration were ever communicated. In the absence of a reasoned order by the respondents, the petitioner has been kept unaware of the grounds for non-consideration of his representation. As such, this Court is inclined to dispose of the writ petition by passing the following order: <The respondent Gram Panchayat is directed to pass orders on the petitioner’s representation dated 20.02.2023 and communicate the same to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this order.= 5 7. 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: 03rd December, 2025 RKS