APHC010340332020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22578/2020 Between: 1. NAKKALA ISRAIL, S/O. NAKKALA LAKSHMANNA, AGE.50 ADDRESS.OCC. CULTIVATION, R/O.SC COLONY, H.MURAVANI VILLAGE, PEDDAKADUBUR MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, BY ITS PRL. SECRETARY, ADDRESS. PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, KURNOOL, KURNOOL DISTRICT. 4. THE TAHSILDAR, PEDDAKADUBUR MANDAL, KURNOOL DISTRICT. 5. THE H MURAVANI GRAMPANACHAYAT, PEDDAKADUBUR MANDAL, KURNOOL DISTRICT, REP. BY ITS SECRETARY. 6. BATHELA KARLAPPA, S/O.MUKENNA, MAJOR, R/O.SC COLONY, H.MURAVANI VILLAGE, PEDDAKADUBUR MANDAL, KURNOOL 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 toto issue appropriate writ or order or direction more particularly one 2 in the nature of writ of mandamus declaring the action of the 5th respondent in not taking steps for removal of the encroachment made by the 6th respondent on the road situated in front of the petitioners house in S.C. Colony, H.Muravani Village, Peddakadubur Mandal, Kurnool District as illegal, arbitrary in violation of principles of natural justice and in violation of Art.14 of the Constitution of India and consequently direct the respondents 2 to 5 to take steps for removal of encroachment made by the 6th respondent on the road situated in front of the petitioners house in S.C. Colony, H.Muravani Village, Peddakadubur Mandal, Kurnool District in the interest of justice and to pass IA NO: 1 OF 2020 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 Counsel for the Petitioner: 1. S D GOWD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. V VINOD K REDDY The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22578/2020 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 5th respondent in not taking steps for removal of the encroachment made by the 6th respondent on the road situated in front of the petitioner’s house in S.C. Colony, H.Muravani Village, Peddakadubur Mandal, Kurnool District as illegal, arbitrary in violation of principles of natural justice and in violation of Art.14 of the Constitution of India and consequently direct the respondent Nos.2 to 5 to take steps for removal of encroachment made by the 6th respondent on the road situated in front of the petitioner’s house in S.C. Colony, H.Muravani Village, Peddakadubur Mandal, Kurnool District in the interest of justice and pass such other order.” 2. Heard learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 to 4 and learned Standing Counsel for respondent No.5. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the land admeasuring to an extent of Ac.1.95 cents in Sy.No.905, H.Muravani Village, Peddakadubur Mandal, Kurnool District. The petitioner and his brother got constructed respective residential houses at the subject land. There is a road infront of the petitioner’s house. While so, the 6th respondent has encroached the road margin and constructed a small house. Now, the 6th respondent is trying to encroach the road also by constructing a bathroom. If the encroachments made by the 6th 4 respondent are not removed, it will cause inconvenience to the petitioner for his ingress and egress. The petitioner requested the respondent authorities for removal of the encroachment made by the 6th respondent. But, the respondent authorities did not consider the same. Hence, the Writ Petition. 4. Learned Government Pleader and the learned Standing Counsel submits that the respondent authorities will take steps for removal of the encroachments if any made by the 6th respondent on the road situated infront of the petitioner’s subject property, by following due process of law. 5. 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 the official respondents to remove the encroachments made by the 6th respondent on the subject road/road margin, by following due process of law. 6. 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. ________________________________ VENKATESWARLU NIMMAGADDA, J 25.09.2025 TTPPSS 5 229 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22578/2020 25.09.2025 TTPPSS