APHC010480612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 25148/2025 Between: Peram Surendra Babu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PENUMAKA VENKATA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order: The short grievance of the petitioners herein is non-consideration of their representation dated 23.07.2025 (sent on 30.07.2025) submitted for construction of drain and removal of encroachment of public road situated at Ward No.10, Lam Village, Tadikonda Mandal, Guntur district. 2. Heard Sri Venkat Rao Penumaka, learned counsel for the petitioners and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that, the petitioners, who are the residents of Lam village are absolute owners of their respective houses situated in Lam Village, Tadikonda Mandal, Guntur district. He further submitted that except a small gravel road, there is no proper road to enter into their respective houses and as the said gravel road was occupied by some third parties and several shrubs, the petitioners have made representation dated 23.07.2025 requesting to remove the said encroachments and to also to construct a drainage but the respondent authorities have not acted upon the same. He further submitted that by virtue of Section 45(iii) of A.P.Panahcyat Raj Act, 1994, it is the duty cast upon the gram panchayat to construct drains and their maintenance and the disposal of drainage water and sullage. As such filed the present writ petition. He further submitted that, it would suffice for the time being, if a direction is given to the respondent authorities to consider and dispose of the petitioners’ representation in accordance with law. 4. On the other hand, learned Assistant Government Pleader submitted that, the authorities would consider and pass orders on the petitioners’ representation, in accordance law and prayed to pass appropriate orders in that regard. 5. Perused the record and considered the submissions of both the learned counsel. 6. As the small gravel road, which is the ingress and egress to the petitioners houses was occupied by some third parties and several shrubs, the petitioners have made representation dated 23.07.2025 requesting to remove the said encroachments and to construct a drainage but the authorities have not initiated any action against the same. As rightly contended by Learned counsel for the petitioners, as per the Section 45(iii) of A.P.Panahcyat Raj Act, 1994 it is the duty cast upon the gram panchayat to construct drains and their maintenance and the disposal of drainage water and sullage. The said provision reads as follows: “45. Duty of gram panchayat to provide for certain matters – (1) Subject to the provisions of this Act and the rules made thereunder, it shall be the duty of a gram panchayat within the limits of its funds to make reasonable provisions for carrying out the requirements of the village in respect of the following matters, namely: (iii) the construction of drains and their maintenance and the disposal of drainage water and sullage,” In view of the above provision and as the respondent authorities have stated that, they would consider and dispose of the petitioners’ representation in accordance with law, instead of adjudicating the matter on merits, this Court is inclined to dispose of the writ petition with the following direction: The Gram Panchayat concerned is directed to consider and dispose of the petitioners’ representation dated 23.07.2025 by passing a reasoned order, in accordance with law, by providing an opportunity of personal hearing to the petitioners and communicate the same to the petitioners. The Gram Panchayat is further directed to provide drainage to the subject village as per Section 45(iii) of A.P.Panahcyat Raj Act, 1994 by removing encroachments, if any made, in accordance with law. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS