APHC010508772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26206/2025 Between: 1. CHITTURI SARASWATHI, W/O LATE SUBRAHMANYAM, AGED ABOUT 75 YEARS, R/O DOOR NO 5-181, KADALI VILLAGE, RAZOLE MANDAL, DR B.R. AMBEDKAR KONASEEMA DISTRICT. 2. CHITTURI DHARMA RAO,, S/O LATE SUBRAHMANYAM, AGED 55 YEARS, R/O DOOR NO 5-181, KADALI VILLAGE, RAZOLE MANDAL, DR B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAUPURAM. 3. THE DISTRICT PANCHAYAT OFFICER, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 4. THE DIVISIONAL PANCHAYAT OFFICER, DR.B.R.AMBEDKARKONASEEMA DISTRICT, AMALAPURAM. 5. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, RAZOLE. 6. THE KADALI GRAM PANCHAYAT, REP. BY ITS SECRETARY, 2 KADALI VILLAGE, RAZOLE MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 7. GUBBALA POORNACHANDRA RAO, S/O NOT KNOWN TO PETITIONER, AGE NOT KNOWN TO PETITIONER, KADALI VILLAGE, RAZOLE MANDAL, DR.B.R.AMBEDKAR KONASEEMA 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 tomay be pleased to issue a Writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent authorities in initiating action against the 7th respondent for illegal encroachment on the public road margin adjacent to the southern boundary of the petitioners property to an extent of ac.0.10 in sy.no. 518/4, Kadali Village, Razole Mandal, Dr.B.R.Ambedkar Konaseema District and thereby completely curtailing the petitioners ingress and egress to the public road as illegal, arbitrary, unconstitutional and against the well-established principals of law and violation in to the provisions of A.P. Panchayat Raj Act, 1994 and Government orders and consequently direct the respondent authorities to remove the illegal encroachment on the road margin to the petitioners southern side boundary to the extent of ac.0.10 in sy.no. 518/4, Kadali Village, Razole Mandal, Dr.B.R.Ambedkar Konaseema District and ensure no further re-erection of any temporary structure, by making it clear that the respondent authorities are duty bound to remove the encroachments on the road margins and the owners of the property adjacent to the public road shall have the complete right of ingress and egress to the public road although the property and pass such 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 may be pleased to direct the respondent authorities to forthwith remove the temporary shed/encroachment raised in the southern road margin adjoining the petitioner’s property and ensure unobstructed ingress and egress to the Petitioners’ property from the southern public road and pass such Counsel for the Petitioner(S): 3 1. PONNADA SREE VYAS Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.26206 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue a Writ or order more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent authorities in initiating action against the 7th respondent for illegal encroachment on the public road margin adjacent to the southern boundary of the petitioner’s property to an extent of Ac.0.10 in sy.no.518/4, Kadali Village, Razole Mandal, Dr.B.R.Ambedkar Konaseema District and thereby completely curtailing the petitioners ingress and egress to the public road as illegal, arbitrary, unconstitutional and against the well established principles of law and violation in to the provisions of A.P.Panchayat Raj Act, 1994 and Government orders and consequently direct the respondent authorities to remove the illegal encroachment on the road margin to the petitioners southern side boundary to the extent of Ac.0.10 in sy.no.518/4, Kadali Village, Razole Mandal, Dr.B.R.Ambedkar Konaseema District and ensure no further re-erection of any temporary structure by making it clear that the respondent authorities are duty bound to remove the encroachments on the road margins and the owners of the property adjacent to the public road shall have the complete right of ingress and egress to the public road although the property and pass such other order or orders...” 2. Heard learned counsel for the petitioners, learned Government Pleader and learned Standing Counsel appearing for the respondents. 3. Learned counsel for the petitioners submits that the unofficial respondent/ respondent No.7 herein made an encroachment in public road and got constructed ACC roof shed in an extent of Ac.0.10 in Sy.no.518/4, Kadali Village, Razole Mandal, Dr.B.R.Ambedkar Konaseema District. In view of the encroachment made by respondent No.7, the petitioner and other villagers are 5 getting so much of inconvenience for their ingress and egress through the subject road. 4. Learned counsel for the petitioners further submits that even though the subject road was recognised as Panchayat Road, respondent No.6 being the custodian, is not initiating any steps even after receipt of the complaint dated 28.07.2025 submitted by the petitioner and others through PGRS and also representation dated 01.09.2025. Hence, the writ petition. 5. On the other hand, learned Standing Counsel for the Gram Panchayat furnished written instructions submitted by respondent No.6, wherein, it is stated that after receipt of the complaint and representation submitted by the petitioner and other villagers, the respondent No.6 verified and inspected the subject place and issued notice dated 25.09.2025 to the respondent No.7 calling for explanation regarding alleged encroachment. For which, respondent No.7 submitted detailed explanation on 13.10.2025, wherein, he replied that the subject ACC roof shed has been constructed 34 years ago and since then the respondent No.7 has been continuing his possession in the subject place. It is further stated that he did not encroach any property of the panchayat Road. After receipt of such explanation, respondent No.6-Gram Panchayat addressed a letter to the Tahsildar concerned for conducting survey and demarcation of the public road with the subject property of the unofficial respondent and the same is pending for survey and demarcation. After having conducted such survey and demarcation and basing upon the report, the respondent No.6 will proceed with further action, in accordance with law. 6 6. Considering the submissions made by the learned counsel for the petitioners and learned Standing Counsel for the respondents and on perusal of the material placed on record, more particularly, the written instructions submitted by respondent No.6, this Court is of the considered view that the present writ petition can be disposed of, directing respondent No.6-Gram Panchayat and concerned Tahsildar, Rajole Mandal shall conduct survey and demarcation with regard to the alleged encroachment of the respondent No.7 on the existing Panchayat road. After having conducted such survey and demarcation, if found the subject encroachment is existing in the panchayat road and any long standing possession, if any, to be identified and submit report to that effect to the respondent No.6, within a period of two (02) months from the date of receipt of a copy of this order. On receipt of such report, respondent No.6 shall initiate appropriate action in accordance with law, within a period of two (02) months, thereafter. 7. with the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J Date:14.10.2025 BSP 7 07 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.26206 OF 2025 DATED:14.10.2025 Date:14.10.2025 BSP