APHC010454802025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. KOTAPATI SUBBAMMA, W/O.YANADAIAH, AGED 59 YEARS, OCC. SURPANCH, R/O.HARIJANAWADA, INDLURU, PENAGALURU VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. 2. DEPURU CHINNA VENGAL REDDY,, YEARS, OCC.VICE SURPANCH, R/O.PENAGALURU VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPAR AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, ANNAMAYYA DISTRICT AT RAYACHOTI. 3. THE DISTRICT PANCHAYAT OFFICER, ANNAMAYYA DISTRICT AT RAYACHOTI. 4. THE REVENUE DIVISIONAL OFFICER, RAJAMPETA R DIVISION, RAJAMPETA, ANNAMAYYA DISTRICT. 5. THE TAHSILDAR, PENAGALURU MANDAL, ANNAMAYYA DISTRICT. 6. THE PENAGALURU GRAM PANCHAYAT, REP BY ITS EXECUTIVE AUTHORITY - CUM VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. 7. SHAIK SHAMEER BASHA, S/O SHAIK KHALEEL BASHA, AGED ABOUT 37 YEARS,R/O D.NO.3/195, P.KOTHAPALLI, PENAGALUR IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23926/2025 KOTAPATI SUBBAMMA, W/O.YANADAIAH, AGED 59 YEARS, OCC. SURPANCH, R/O.HARIJANAWADA, INDLURU, PENAGALURU VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. DEPURU CHINNA VENGAL REDDY,, S/O. GOPAL REDDY, AGED 58 YEARS, OCC.VICE SURPANCH, R/O.PENAGALURU VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR PANCHAYAT WING, ANNAMAYYA DISTRICT AT RAYACHOTI. THE DISTRICT PANCHAYAT OFFICER, ANNAMAYYA DISTRICT AT THE REVENUE DIVISIONAL OFFICER, RAJAMPETA R DIVISION, RAJAMPETA, ANNAMAYYA DISTRICT. THE TAHSILDAR, PENAGALURU MANDAL, ANNAMAYYA THE PENAGALURU GRAM PANCHAYAT, REP BY ITS EXECUTIVE CUM - PANCHAYAT SECRETARY, PENAGALURU VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. SHAIK SHAMEER BASHA, S/O SHAIK KHALEEL BASHA, AGED ABOUT 37 YEARS,R/O D.NO.3/195, P.KOTHAPALLI, PENAGALUR IN THE HIGH COURT OF ANDHRA PRADESH [3332] TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KOTAPATI SUBBAMMA, W/O.YANADAIAH, AGED 59 YEARS, OCC. SURPANCH, R/O.HARIJANAWADA, INDLURU, PENAGALURU S/O. GOPAL REDDY, AGED 58 YEARS, OCC.VICE SURPANCH, R/O.PENAGALURU VILLAGE AND ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL TMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR PANCHAYAT WING, ANNAMAYYA THE DISTRICT PANCHAYAT OFFICER, ANNAMAYYA DISTRICT AT THE REVENUE DIVISIONAL OFFICER, RAJAMPETA REVENUE THE TAHSILDAR, PENAGALURU MANDAL, ANNAMAYYA THE PENAGALURU GRAM PANCHAYAT, REP BY ITS EXECUTIVE PANCHAYAT SECRETARY, PENAGALURU SHAIK SHAMEER BASHA, S/O SHAIK KHALEEL BASHA, AGED ABOUT 37 YEARS,R/O D.NO.3/195, P.KOTHAPALLI, PENAGALUR 2 RC,J W.P.No.23926 of 2025 MANDAL, ANNAMAYYA DISTRICT. R7 IS IMPLEADED AS PER THE COURT'S ORDER DT.25.09.2025 IN I.A.NO.02 OF 2025. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of 6th respondent, in taking effective steps to remove illegal encroachments on the public road in Survey No. 92/1, Penagaluru Village and Mandal, Annamayaa District, as identified in the Tahsildar's endorsement dated 14.08.2025 issued by the 5th respondent and in compliance with Roc No. 761/2025 A2 dated 10.04.2025 issued by the 3rd Respondent, as illegal, arbitrary, violative of Sections 44 and 45 of the Andhra Pradesh Panchayat Raj Act, 1994 and fundamental rights of the public under Article 21 of the Constitution of India, and consequently direct the 6th respondent to take immediate action to remove encroachments and to safeguard the public road in Survey No. 92/1, Penagaluru Village and Mandal, Annamayaa District, and pass 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 pleased to direct the 6th Respondent to initiate immediate steps for the removal of encroachments on the public road in Survey No. 92/1, Penagaluru Village and Mandal, Annamayaa District, within a time frame of one week, and to submit a compliance report to the this Hon’ble Court, pending disposal of the main Writ Petition and pass IA NO: 2 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 implead the petitioner herein/proposed 7th respondent as party respondent No.7 in the above writ petition and in all other miscellaneous petitions and to pass Counsel for the Petitioner(S): 1. RAJENDRA C Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. G SAI NARAYANA RAO 3 RC,J W.P.No.23926 of 2025 The Court made the following order: Encroachments on the road margin in survey No.92/1 of Penagaluru Village and Mandal, Annamayya District, are not being removed by following due process of law by the 6th respondent-Gram Panchayat is the grievance. 2. Heard Sri Chetan Kumar, learned counsel representing Sri C.Rajendra, learned counsel for the petitioner, Sri Bala Krishna, learned Assistant Government Pleader for Panchayat Raj and Sri M.Sudhir, learned Standing Counsel for Gram Panchayat for the official respondent Nos.1 to 6 and Sri G.Sai Narayana Rao, learned counsel appearing for the un-official respondent No.7. 3. While reiterating the contents of the affidavit, learned counsel for the petitioner submitted that inspite of bringing to the notice of the 6th respondent- Gram Panchayat about the encroachments that took place on the road margin, so far no steps have been initiated. By virtue of Section 53 of Andhra Pradesh Panchayat Raj Act, 1994, it is a duty cast upon the 6th respondent- Gram Panchayat to take steps in accordance with law. It would suffice for the time being if a direction is given to the 6th respondent-Gram Panchayat to take steps in removing the encroachments by following due process of law in a time bound manner. 4. On the other hand, learned counsel for the 7th respondent contended that the 7th respondent is not at all an encroacher. It is only the version of the petitioner, who is inimical to the 7th respondent, to wreck vengeance against 4 RC,J W.P.No.23926 of 2025 the 7th respondent, this writ petition has been filed, not only to harass the 7th respondent, but also the officials. Infact, the 7th respondent himself came on record, as his house property is going to be affected, if any steps are taken. He also submitted that the petitioner, being a Sarpanch, has knocked the doors of this Court under Article 226 of Constitution of India, without there being any resolution passed by the Gram Panchayat, which itself shows that the Gram Panchayat has no intention or grievance against the shops that are in existence on the road margin. In view of the facts, the writ petition is liable to be dismissed. 5. On the other hand, learned Standing Counsel submitted that in fact there are certain encroachments. But, however, a survey has to be conducted to identify as to what extent the encroachments are there. Unless the survey is conducted and identified the encroachments, the Gram Panchayat cannot issue any notices. However, the Gram Panchayat would take steps, if found any encroachments, in accordance with law. 6. Perused the record and considered the submissions made by both learned counsel for the parties. 7. Not removing the encroachments on the road margin, despite bringing to the notice of the 6th respondent-Gram Panchayat is the grievance. The contention of learned Standing Counsel is that there are encroachments on the road margin and they would take steps in accordance with law. 5 RC,J W.P.No.23926 of 2025 8. In view of the facts and circumstances of the case, instead of keeping the writ petition pending, inviting counter, this Writ Petition can be disposed of, directing the 6th respondent-Gram Panchayat, by passing the following order: “1. The 6th respondent-Gram Panchayat is directed to get the subject property surveyed and identify the encroachments and its extent. 2. If any encroachments are found, the Gram Panchayat shall take steps in accordance with law by issuing show cause notices to the encroachers including the 7th respondent by mentioning the encroachment particulars, inviting explanations by giving sufficient/reasonable time and also provide an opportunity of being heard to all the encroachers including the 7th respondent and pass a reasoned order. Such exercise shall be completed within a period of three (3) months from date of receipt of a copy of this order.” 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 28.11.2025 MDP