APHC010199622023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10348/2023 Between: Kukkamalla Ravi Babu, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAJA REDDY KONETI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. A.SYAM SUNDAR REDDY 4. Mattegunta.Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats The Court made the following order: The short grievance of the petitioner is non-removal of the illegal encroachments made by the unofficial respondents in the common road/area thereby blocking the public space and causing blockage of drainage flow situated in Tathireddypalem, Lam GramPanchayat, Guntur District. 2. Heard Sri Abhiram, learned counsel representing learned counsel for the petitioner and Sri M.Sudhir, learned Standing counsel for Gram Panchayat. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, without obtaining appropriate permission from the authorities, the unofficial respondents are making constructions illegally by encroaching the public road leading to blockage of public passage and flow of drainage. Inspite of making representations dated 24.02.2023 & 27.02.2023 requesting the authorities to remove the encroachments made in the public property, no necessary action was initiated by the respondent authorities. As such prayed to pass appropriate orders protecting the interest of the petitioner. 4. Learned Standing counsel for Gram Panchayat on instructions submitted that, the unofficial respondents are making construction deviating the approved building plan, however a request was made to the tahsildar to conduct survey and identify the extents of encroachments made by them and upon the receipt of the same, the authorities concerned would take steps in accordance with law. 5. Perused the record and considered the submissions of learned counsel for respective parties. 6. The prime grievance of the petitioner in the present writ petition is that the unofficial respondents are making constructions illegally, without obtaining appropriate permission from the authorities and thereby causing blockage to the public road and drainage flow. Inspite making representations, no action was initiated by the respondent authorities. Whereas the Gram Panchayat has admitted that the unofficial respondents are making construction in deviation to the approved building plan and they would take steps in accordance with law. 7. As the relief sought by the petitioner is innocuous and no orders are being passed affecting the rights of the unofficial respondents, no notices are required to be ordered. In the said circumstances, with the consent of both the parties, this writ petition can be disposed of with the following directions: “The Gram Panchayat concerned shall take steps against the illegal encroachments, if any made by the unofficial respondents, in accordance with law by issuing show cause notices to all the concerned parties inviting explanation by giving reasonable time and to pass a reasoned order after providing an opportunity of being heard and communicate the same to all the parties concerned in accordance with law within three(03) months from the date of receipt of copy of this order.” Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS