APHC010115962023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6986/2023 Between: 1. VASAMSETTI SRINUBABU, S/O LATE MUSALAYYA, AGED ABOUT 48 YEARS, R/O D.NO.4/131 2. KALLA GOVINDA RAJULU, S/O LATE NAGANNA, AGED ABOUT 65 YEARS, R/O D.NO.4/75-1 3. TUMU VENKATA RAO, S/O VENKATA RAO, AGED ABOUT 50 YEARS, R/O 4-84 4. KASSA SATHI BABU, S/O LATE VENKATA RAO, AGED ABOUT 52 YEARS, R/O 4-96 ...PETITIONER(S) AND 1. GOV OF ANDHRA PRADESH, REP. BY ITS SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA (PRESENTLY KAKINADA DISTRICT) 3. DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT, KAKINADA (PRESENTLY KAKINADA DISTRICT) 4. DIVISIONAL PANCHAYAT OFFICER, KAKINADA, EAST GODAVARI DISTRICT (PRESENTLY KAKINADA DISTRICT) 5. TAHSILDAR, PITHAPURAM MANDAL, PITHAPURAM, EAST GODAVARI DISTRICT (PRESENTLY KAKINADA DISTRICT) 6. CHITRADA GRAM PANCHAYAT, REP.BY ITS SECRETARY, CHITRADA, PITHAPURAM MANDAL, PITHAPURAM, EAST GODAVARI DISTRICT (PRESENTLY KAKINADA 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 topleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondents in not taking any action on the representation submitted by them on 19.10.2022 and 20.10.2022 as also legal notice dt. 14.11.2022 got issued for removal of unauthorised and illegal constructions made across public passage on Tatayya Koneru tank in S.No.138 in Chitrada village, Pithapuram Mandal, EastGodavari District presently Kakinada District leading to burial ground, houses, agricultural lands, cottage industries etc., as illegal, arbitrary etc., and grant 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 pray that this Hon'ble Court may be pleased to dispense with filing of English Translated Copies of Exs.P1, P2 and P6 in the above WP for the present and grant IA NO: 2 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 pray that this Hon'ble Court may be pleased to direct the Respondent No.4 to take necessary action pursuant to the orders of the 3rd Respondent in Urgent Memo.No.14576/2022-Al, dt. 03.12.2022 pending disposal of the above W.P and grant Counsel for the Petitioner(S): 1. V V L N SARMA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER: Questioning the inaction of the respondents in considering the representations dated 19.10.2022 & 20.10.2022 submitted by the petitioners and also legal notice dated 14.11.2022 got issued for removal of unauthorized and illegal constructions made across public passage on Tatayya Koneru tank in Sy.No.138 leading to burial ground, houses, agricultural lands, cottage industries, etc., which is vested in the 6th respondent Gram Panchayat, as illegal, arbitrary, the present writ petition is filed. 2. Heard Sri V.V.L.N.Sarma, learned counsel for the petitioners, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioners while reiterating the contents of the affidavit contended that despite submitting representations dated 19.10.2022 & 20.10.2022 and also a legal notice dated 14.11.2022 to the respondents, no action has been initiated against the illegal constructions made across the subject land. He further submitted that it would suffice for the time being if a direction is given to the respondents to take steps on the illegal constructions in accordance with law in a time bound manner, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned counsel for the respondents collectively submitted that there are encroachments found in the subject land and they are contemplating to take steps against the same in accordance with law, accordingly, prayed to dismiss the writ petition. 5. Taking their submissions into consideration, as the respondents have an intention to take steps in accordance with law, there is no purpose in keeping the writ petition pending, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authorities are directed to take steps in removing the encroachments in the subject land by giving proper notice to all the concerned including the petitioner and an opportunity of being heard and pass a speaking order within a period of three (03) months from the date of receipt of a copy of this order.” 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th November, 2025 RKS