APHC010256692020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16919/2020 Between: 1. SHIVUDU RAMBABU, S/O. ERRAYYA, AGED ABOUT 50 YEARS, OCC. PRIVATE EMPLOYEE, R/O. NO. 12-111, KESAVARAM VILLAGE, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. 2. ANTARVEDI CHANDRA, W/O. CHIRANJEEVI, AGED ABOUT 45 YEARS, OCC. HOUSE WIFE, R/O. D. NO. 12-116/A, KOTHAPETA, KESAVARAM VILLAGE, MANDAPETA MANDAL, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA, 3. THE TAHSILDAR, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. 4. THE KESAVARAM GRAM PANCHAYATH, REP. BY ITS PANCHAYATH SECRETARY, KESAVARAM, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. 5. GODAVARI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS 2 COMMISSIONER, KAKINADA, EAST GODAVARI DISTRICT. 6. UNDAMATLA CHANDRAVATHI, W/O. LATE SUBBA RAO, AGED ABOUT 70 YEARS, R/O. D. KESAVARAM, MANDAPETA MANDAL, EAST GODAVARI DISTRICT. 7. UNDAMATLA SRINU, S/O. LATE SUBBA RAO, AGED ABOUT 42 YEARS, R/O. D. KESAVARAM, MANDAPETA 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 toto issue a Writ, or direction more particularly one in the nature of Writ of Mandamus questioning the action of the 4th respondent in failing to take consequential action pursuant to the notice vide No. Rc. No. 12/2019, dated 17.09.2019 against the respondents No. 6 and 7 herein in spite of representation dated 04.01.2020 of the petitioner to remove illegal structures on the layout road in respect of the property bearing plot No. 382 in Sy. No. 75/2B and 182/2 of D.Kesavaram village, Mandapeta Mandal, East Godavari District as illegal, arbitrary, contrary to the orders passed in WP No. 10150 of 2019, dated 13.08.2019 and consequently direct the 4th respondent to forthwith initiate consequential action against the Respondents No. 6 and 7 herein pursuant to the notice dated 17.09.2019 by considering the representation of the petitioner dated 04.01.2020 and to pass such 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 to direct the 4th respondent to forthwith initiate consequential action against the Respondents No. 6 & 7 herein pursuant to the notice vide Rc. No. 12/2019, dated 17.09.2019 of the 4th respondent by duly considering the petitioners’ representation dated 04.01.2020 for removal of illegal structures over the layout road in respect of the property bearing plot No. 382 in Sy. No. 75/2B and 182/2 of D.Kesavaram village, Mandapeta Mandal, East Godavari District pending disposal of the Writ petition before this Hon’ble court, and pass Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 3 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16919/2020 O R D E R: This writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ or direction more particularly one in the nature of Writ of Mandamus questioning the action of the 4th respondent in failing to take consequential action pursuant to the notice vide No Rc.No.12/2019 dated 17.09.2019 against the respondents Nos. 6 and 7 herein in spite of representation dated 04.01.2020 of the petitioner to remove illegal structures on the layout road in respect of the property bearing plot No.382 in Sy.No.75/2B and 182/2 of D.Kesavaram village, Mandapeta Mandal, East Godavari District as illegal, arbitrary, contrary to the orders passed in W.P.No. 10150 of 2019 dated 13.08.2019 and consequently direct the 4th respondent to forthwith initiate consequential action against the Respondents No.6 and 7 herein pursuant to the notice dated 17.09.2019 by considering the representation of the petitioner dated 04.01.2020 and to pass such other order orders… 2. The case of the petitioners herein is that even though respondent No.4 issued a final notice dated 17.09.2019 directing respondent Nos. 6 and 7 to remove the illegal constructions made by them at the road margin, so far, the respondent authorities neither removed the illegal constructions/ encroachments nor initiated any action against respondent Nos. 6 and 7. Hence, the Writ Petition. 3. Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 5 4. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondent authorities to remove the subject encroachments made by respondent Nos. 6 and 7 by following due process of law. 5. Learned Government Pleader appearing for the respondents submits that, if all the respondent authorities find any illegal constructions made by respondent Nos. 6 and 7 at the road margin, respondents authorities would proceed further and remove the same by following due process of law. 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent authorities to proceed further and to remove the illegal constructions/ encroachments made by respondent Nos. 6 and 7 at the road margin, if any, by following due process of law. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:19.09.2025 BSP 6 573 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16919/2020 Date:19.09.2025 BSP