APHC010607472025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. NAMBURI SURYANARAYANA RAO, S/O SRI KOTAIAH, AGE 54 YEARS, R/O H. NO 7 MANDAL, PRAKASAM DISTRICT. 2. L. ANJI REDDY, S/O SRI PERI REDDY AGE 59 YEARS, R/O GADEPALEM (V) KOTHAPATNAM MANDAL, PRAKASAM 3. SHAIK BAJVALI, S/O MASTAN AGE 41 YEARS, R/O H.NO. 3 ALLURE VILLAGE KOTHAPATNAM MANDAL, PRAKASAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ 8C, RURAL DEVELOPMEN DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI VELGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR PRAKASAM DISTRICT, PRAKASAM BHAVAN, ONGOLE 3. THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT, PRAKASAM BHAVAN, ONGOLE 4. THE DIVISIONAL PANCHAYAT OFFICER, ONGOLE DIVISION, PRAKASAM BHAVAN, ONGOLE, PRAKASAM DISTRICT 5. THE TAHASILDAR, KOTHAPATNAMMANDAL, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31633/2025 NAMBURI SURYANARAYANA RAO, S/O SRI KOTAIAH, AGE 54 YEARS, R/O H. NO 7-194A, ALLURU VILLAGE KOTHAPATNAM MANDAL, PRAKASAM DISTRICT. L. ANJI REDDY, S/O SRI PERI REDDY AGE 59 YEARS, R/O GADEPALEM (V) KOTHAPATNAM MANDAL, PRAKASAM SHAIK BAJVALI, S/O MASTAN AGE 41 YEARS, R/O H.NO. 3 ALLURE VILLAGE KOTHAPATNAM MANDAL, PRAKASAM ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ 8C, RURAL DEVELOPMEN DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI VELGAPUDI, GUNTUR DISTRICT- 522 234 THE DISTRICT COLLECTOR PRAKASAM DISTRICT, PRAKASAM BHAVAN, ONGOLE - 523 001 THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT, PRAKASAM BHAVAN, ONGOLE- 523001 THE DIVISIONAL PANCHAYAT OFFICER, ONGOLE DIVISION, PRAKASAM BHAVAN, ONGOLE, PRAKASAM DISTRICT THE TAHASILDAR, KOTHAPATNAMMANDAL, IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI NAMBURI SURYANARAYANA RAO, S/O SRI KOTAIAH, AGE 54 194A, ALLURU VILLAGE KOTHAPATNAM L. ANJI REDDY, S/O SRI PERI REDDY AGE 59 YEARS, R/O GADEPALEM (V) KOTHAPATNAM MANDAL, PRAKASAM DISTRICT. SHAIK BAJVALI, S/O MASTAN AGE 41 YEARS, R/O H.NO. 3-69-B, ALLURE VILLAGE KOTHAPATNAM MANDAL, PRAKASAM ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ 8C, RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI VELGAPUDI, THE DISTRICT COLLECTOR PRAKASAM DISTRICT, PRAKASAM THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT, THE DIVISIONAL PANCHAYAT OFFICER, ONGOLE DIVISION, PRAKASAM BHAVAN, ONGOLE, PRAKASAM DISTRICT-523001 THE TAHASILDAR, KOTHAPATNAMMANDAL, 2 KOTHAPATNAMVILLAGE, PRAKASAM DISTRICT- 523286 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PARISHAD, KOTHAPATNAM MANDAL, KOTHAPATNAM VILLAGE, PRAKASAM DISTRICT - 523286 7. PANCHAYAT SECRETARY ALLURU GRAM PANCHAYAT, ALLURU VILLAGE, KOTHAPATNAM MANDAL. PRAKASAM DISTRICT-523286 ...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 an order, writ or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in removing the illegal encroachments on the public road situated in Sy.No.376/2 of Alluru Village Kothapatnam Mandal, Prakasam District, Andhra Pradesh, despite the Endorsement in PRA 2025 0804 4578 dated 4-8-2025 issued by the District Collector, Prakasam District, as illegal, arbitrary, violation of Article 14, 21 of the Constitution and Sections 53 of the A.P. Panchayat Raj Act and also in violation of the judgment of this Honble Court made in WP(PIL) No. 140 of 2022 dated 14-9-2022, consequently direct the respondents to take steps to remove the unauthorised encroachments on the public road situated in Sy. No. 376/2 of Alluru Village, Kothapatnam Mandal, Prakasam District and restore the road to its original condition in accordance with law and pass IA NO: 1 OF 2025 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 to remove the unauthorized encroachments on the public road situated in Sy.No.376/2 of Alluru Village of KothapatnamMandal, Prakasam District and restore the road to its original condition by following the procedure in accordance with law and pass Counsel for the Petitioner(S): 1. B S SHIVAJI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3 The Court made the following order: The grievance of the petitioners is that despite the Endorsement, dated 04.08.2025 issued by the District Collector, Prakasam District, the revenue authorities are not removing the illegal encroachments on the public road situated in survey No.376/2 of Alluru Village, Kothapatnam Mandal, Prakasam District. 2. Heard Sri B.S.Shivaji, learned counsel for the petitioners, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos.1, 3 and 4, Ms Vijayeswari, learned Assistant Government Pleader for revenue appearing for respondent Nos.2 & 5 and Sri M.Sudhir, learned standing counsel for Gram Panchayat appearing for respondent Nos.6 & 7. 3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that certain encroachments were made on the public road in survey No.376/2 of Alluru village. Despite bringing the same to the notice of the concerned authorities, no action has been taken to remove the said encroachments. In support of his contention, learned counsel has drawn the attention of this Court to the photograph filed along with the Writ Petition, evidencing the alleged encroachment. 4. On the other hand, learned standing counsel for Gram Panchayat placed on record the written instructions of the Panchayat Secretary, Alluru Grama Panchayat dated 15.11.2025 and contended that there are no encroachments in the land in survey No.376/2. 4 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. Perusal of the photograph shows that there is no encroachment on the subject road and it only reveals some digging along the road margin. Such digging of road margin cannot be termed as encroachment. Further, the written instructions of the Panchayat Secretary, Alluru clearly revealed that there are no encroachments in the subject land. 7. Taking the submission of learned counsel for the parties into consideration, since the respondent authorities have stated that there are no encroachments in the subject land, there remains nothing for further adjudication and the Writ Petition is liable to be closed. 8. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 24.11.2025 MP 5 258 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.31633 of 2025 24.11.2025 MP