APHC010352702023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: W.P.No.30651 of 2024 & C.C.No.4313 of 2024 WRIT PETITION NO: 18093/2023 Between: 1. DR KESIRAJU KASI VISWANADHAM, S/O VENKATARAJU, AGED 71 YEARS, R/O D.NO 5 EAST GODAVARI DISTRICT. 2. KADALI SUBBA RAO, S/O SRI RAMULU, AGED 57 YEARS, R/O D. NO 5-137, MAIN ROAD, DEVARAPALLI, EAST GODAVARI DISTRICT 3. EDUPUGANTI SRI RAMA KRISHNA, S/O VENKATA SOMA SUNDARAM, AGED YEARS, R/O D. NO 4 DEVARAPALLI MANDAL EAST GODAVARI DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. B SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI. 2. DISTRICT COLLECTOR PW, EAST GODAVARI DISTRICT, AT RAJAMAHENDRAVARAM. 3. MANDAL PARISHAD DEVELOPMENT OFFICER, DEVARAPALLI MANDAL, DEVARAPALLI, EAST GODAVARI DISTR 4. GRAM PANVHAYAT, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT, REP BY ITS SECRETARY. 5. TAHSILDHAR, DEVARAPALLI MANDAL, DEVARAPALLI, EAST GODAVARI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18093/2023 along with W.P.No.30651 of 2024 & C.C.No.4313 of 2024 18093/2023 DR KESIRAJU KASI VISWANADHAM, S/O VENKATARAJU, AGED 71 YEARS, R/O D.NO 5-135, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT. KADALI SUBBA RAO, S/O SRI RAMULU, AGED 57 YEARS, R/O D. 137, MAIN ROAD, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT EDUPUGANTI SRI RAMA KRISHNA, S/O VENKATA SOMA SUNDARAM, AGED YEARS, R/O D. NO 4-68, PALLANTLA VILLAGE DEVARAPALLI MANDAL EAST GODAVARI DISTRICT ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI. DISTRICT COLLECTOR PW, EAST GODAVARI DISTRICT, AT RAJAMAHENDRAVARAM. MANDAL PARISHAD DEVELOPMENT OFFICER, DEVARAPALLI MANDAL, DEVARAPALLI, EAST GODAVARI DISTRICT. GRAM PANVHAYAT, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT, REP BY ITS SECRETARY. TAHSILDHAR, DEVARAPALLI MANDAL, DEVARAPALLI, EAST GODAVARI DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI DR KESIRAJU KASI VISWANADHAM, S/O VENKATARAJU, AGED 71 135, DEVARAPALLI, DEVARAPALLI MANDAL, KADALI SUBBA RAO, S/O SRI RAMULU, AGED 57 YEARS, R/O D. DEVARAPALLI MANDAL, EDUPUGANTI SRI RAMA KRISHNA, S/O VENKATA SOMA 68, PALLANTLA VILLAGE ...PETITIONER(S) Y ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT DISTRICT COLLECTOR PW, EAST GODAVARI DISTRICT, AT MANDAL PARISHAD DEVELOPMENT OFFICER, DEVARAPALLI GRAM PANVHAYAT, DEVARAPALLI, DEVARAPALLI MANDAL, EAST TAHSILDHAR, DEVARAPALLI MANDAL, DEVARAPALLI, EAST HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 2 6. ASSISTANT EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, GOVT. OF AP, NIDADAVOLU, EAST GODAVARI DISTRICT, 7. NATIONAL HIGH WAY AUTHORITY OF INDIA, DIWANCHERUVU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT, REP BY ITS PROJECT DIRECTOR. 8. MANEPALLI VASU, S/O. NOT KNOWN, AGED 45 YEARS, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT. 9. KEDARISETTI LAKSHMANA RAO, S/O RAMA RAO, AGED 51 YEARS, MAIN ROAD, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI 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 to issue writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 to 7 in not acting on the complaint of the petitioners for removal of the encroachments made by the respondents 8 and 9 on the road margin of the KOVVUR- Eluru State High way (presently NH) abutting the petitioners property at D,No 5-135, Devarapalli village and Mandal, East Godavari District and non-taking of further action by 4th respondent pursuant to the notice in ref ROC No 9/2023 dt 17-06-2023 for removal of encroachment as illegal, arbitrary and violative of statutory obligation, consequently directing the respondents 2 to 7 to remove the said encroachments of road margin and restore the free flow of drain water at petitioners property and stop the illegal and unauthorised constructions by Respondents 8 and 9 in said road margin forth with and pass orders and pass any other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2023 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 4th respondent to stop the illegal and un authorised constructions under taken by the respondents 8 and 9 by encroaching the road margin of the KOVVUR- Eluru State High way (presently NH) abutting the petitioners property at D. No 5-135, Devarapalli village and Mandal, East Godavari District and take further action pursuant to the notice in HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 3 ref ROC No 9/2023 dt. 17-06-2023 for removal of said encroachment forth with and pass orders and pass any other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 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 prayed by the Respondent No. 7 / National Highways Authority of India (NHAI) that this Hon’ble Court would graciously be pleased to Strike Off / Delete / Remove the name of the Respondent No. 7 / National Highways Authority of India, Diwancheruvu, Rajamahendravaram, East Godavari District, Rep. by it’s Project Director; from the List of Respondents; and/or, to pass Counsel for the Petitioner(S): 1. T V S PRABHAKARA RAO Counsel for the Respondent(S): 1. CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4. K JYOTHI PRASAD WRIT PETITION NO: 30651/2024 Between: 1. MANEPALLI VASU, S/O. MANEPALLI RAMALINGAYYA, AGED 46 YEARS, R/O. D.NO. 11-109, MAIN ROAD, SRI LAKSHMI ENTERPRISE, DEVARAPALLI, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ROAD AND BUILDING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 4 2. THE NATIONAL HIGHWAY AUTHORITY OF INDIA, REP. BY ITS PROJECT DIRECTOR, DIWANCHERUVU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT. 3. THE ASSISANT EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, GOVERNMENT OF A.P., NIDADAVOLU, EAST GODAVARI DISTRICT. 4. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, DEVARAPALLI MANDAL, DEVARAPALLI, EAST GODAVARI DISTRICT. 6. THE DEVARAPALLI GRAM PANCHAYAT, REP. BY ITS SECRETARY, DEVARAPALLI VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. 7. DR KESIRAJU KASI VISWANADHAM, S/O. VENKATARAJU, AGED 71 YEARS, R/O. D.NO.5-135, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI 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 to issue an appropriate writ of mandamus declaring the action of the respondents in interfering with the petitioner's property admeasuring an extent of 181.5 Sq. yds. in RS No. 1281 in D.No.2-187, Ward No.8 of Devarapalli Village and Mandal, East Godavari District without issuing any notice as illegal, arbitrary and unconstitutional and in violation of articles 19, 21 and 300-A of the Constitution of the India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the property admeasuring an extent of 181.5 Sq. yds. in RS No. 1281 in D.No.2-187, Ward No.8 of Devarapalli Village and Mandal, East Godavari District . IA NO: 1 OF 2024 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 pleased to direct the respondents not to interfere with the peaceful possession and enjoyment of the property admeasuring an extent of 181.5 Sq. yds. in RS No. 1281 in D.No.2-187, Ward No.8 of Devarapalli Village and Mandal, East Godavari District pending disposal of the main writ petition. HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 5 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 vacate the interim orders granted in WP NO. 30651 OF 2024 Dt. 23-12-2024. Counsel for the Petitioner: 1. SRAVAN KUMAR NAIDANA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM 3. Yarraguntla.KoteswaraRao,Standing Counsel For ZillaPrajaParishads,MandalPrajaParishads and Gram Panchayats 4. T V S PRABHAKARA RAO-01525/AP/574/86 CONTEMPT CASE NO: 4313/2024 Between: 1. DR. KESIRAJU KASI VISWANADHAM, S/O VENKATARAJU, AGED 71 YEARS, R/O D.NO 5-135, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT. 2. KADALI SUBBA RAO, S/O SRI RAMULU, AGED 57 YEARS, R/O D. NO 5-137, MAIN ROAD, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT 3. EDUPUGANTI SRI RAMA KRISHNA,, S/O VENKATA SOMA SUNDARAM, YEARS, R/O D. NO 4-68, AGED PALLANTIA VILLAGE DEVARAPALLI MANDAL EAST GODAVARI DISTRIC ...PETITIONER(S) AND 1. NITTA RAVI KISHORE, SECRETARY GRAM PANCHAYAT, DEVARAPALLI, DEVARAPALLI MANDAL, EAST GODAVARI DISTRICT. HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 6 2. M SRINIVAS VIJAY, ASSISTANT EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT GOVT, OF AP, NIDADAVOLU, EAST GODAVARI DISTRICT, 3. SURENDRANATH, NATIONAL HIGH WAY AUTHORITY OF INDIA DLWANCHERUVU, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT, REP BY ITS PROJECT DIRECTOR ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to punish the respondent under Sec. 10 and. 12 Act for deliberate and wilful violation of the of Contempt of Court orders dated 28-07- 2023 passed in lA No 1 of 2023 in WP No 18093 of 2023 passed by this Hon'ble Court. Counsel for the Petitioner(S): 1. Y BALAJI 2. T V S PRABHAKARA RAO Counsel for the Contemnor(S): 1. CHAUDHARY AND CHAUDHARY ADVOCATES AND SOLICITORS LAW FIRM 2. Y KOTESWARA RAO This court made the following COMMON ORDER Alleging inaction of the authorities in preventing respondent nos.8 and 9 from proceeding with the construction made on the road margin on drain, the writ petition vide W.P.No.18093 of 2023 has been filed. 2. This Court vide orders dated 28.07.2023 passed in I.A.No.1 of 2023 granted interim order directing the concerned authority to take HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 7 steps in accordance with law, in case the respondent nos.8 and 9 were contemplating to make any constructions by closing the drainage as alleged by the petitioners in W.P.No.18093 of 2023. 3. Alleging that despite the order dated 28.07.2023 passed by this Court in I.A.No.1 of 2023 in W.P.No.18093 of 2023, the respondent nos.4 to 6, though noticed that encroachments were made by respondent nos. 8 to 9, did not take any action and owing to the same, the unofficial respondents had completed the construction not only on the road margin but also on the drain thereby blocking free access and free flow of water, the petitioners in W.P.No.18093 of 2023 filed Contempt Case vide C.C.No.4313 of 2024. 4. For sake of convenience, the parties will be referred to with their status in the Writ Petition No.18093 of 2023. 5. The respondent no.8 in W.P.No.18093 of 2023 filed writ petition vide W.P.No.30651 of 2024 contending that on the complaint made by petitioner no.1 in W.P.No.18093 of 2023 in Spandana alleging that R&B road was encroached while making construction by him, for which the Secretary, Grampanchayat, issued a notice to him on 25.02.2023 to stop construction and later the authorities directed him to modify the construction of the building and remove encroachments, if any, made on HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 8 the R&B road and accordingly the construction was modified. Thereafter, the Secretary, Grampanchayat issued another notice on 17.06.2023 to remove the encroachments. Subsequently, one and a half year after issuance of notice dt. 17.06.2023, the authorities started interfering with the possession of his property without issuing any notice and are trying to demolish the construction. 6. Heard Sri T.V.S.Prabhakar Rao, learned counsel for the petitioners in W.P.No.18093 of 2023 and C.C.No.4313 of 2024 and for respondent no.7 in W.P.No.30651 of 2024; Sri Sravan Kumar Naidana, learned counsel for petitioner in W.P.No.30651 of 2024 and for respondent no.8 in W.P.No.18093 of 2023 and Sri YarraguntlaKoteswara Rao, learned Standing Counsel for ZPP, MPP & Gram Panchayats. 7. The petitioners allege that respondent nos.8 & 9 made construction on the road margin and drain area and thereby obstructed free passage as well as free flow of water. The respondent no.8 states that without issuing any notice, the official respondents are interfering with possession and enjoyment of his house and are making attempts to demolish it. HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 9 8. The learned Standing Counsel for ZPP MPP & Gram Panchayat submitted that they had issued a notice dated 25.02.2023 directing respondent no.8 to stop construction and as he did not respond, they issued another notice dated 17.06.2023 to remove the encroachments. 9. Therefore, as rightly contended by respondent no.8, the authorities are making efforts to remove the encroachments nearly one and a half year after issuance of notice dated 17.06.2023. Hence, to strike a balance, this court is inclined to dispose of the writ petitions as follows: a. The panchayat shall issue fresh notice specifically pointing out the encroachments, if any, made by respondent no.8 on the R&B road margin as well as drain, within a period of two (02) weeks from the date of receipt of copy of the order, affording sufficient time for submitting explanation. b. Upon such, the respondent no.8 shall submit explanation within the time stipulated in the said notice c. Thereupon, the Panchayat shall pass a reasoned order by providing an opportunity of personal hearing to all the parties. d. The entire exercise shall be completed within a period of one month thereafter. e. Till then, no coercive steps shall be taken against the subject construction. f. There shall be no order as to costs. HC,J W.P.Nos.18093/2023 & 30651/2024 & C.C.No.4313 of 2024 10 10. In view of the orders passed in the writ petitions, the Contempt Case is closed. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR