APHC010181042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9305/2025 Between: 1. KUNDRAPU APPALA NAIDU, S/O LATE APPALA NAIDU AGED ABOUT 57 YEARS, R/O D.NO.2-1, NANDI VEEDHI, YB-PATNAM VILLAGE, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ DEPARTMENT, REP BY ITS PRINCIPAL SECRETAI-Y, SECRETARIAT BUILDINGS, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE MANDAL DEVELOPMENT OFFICER, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT. 3. THE YBPATNAM GRAM PANCHAYAT, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT, REP. BY ITS PANCHAYAT SECRETARY. 4. MOLLETI RAJAMMA, W/O LATE RAM BABU, AGED ABOUT 45 YEARS, R/O NANDI VEEDHI, YB-PATNAM VILLAGE, NATHAVARAM MANDAL ANAKAPALLI 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 a writ order or directions more particularly one in the nature of Writ of Mandamus declaring the action of the 2ND and 3RDrespondents in not removing the compound wall constructed by the 4 on the public road in YB-Patnam Village, Nathavaram Mandal, Anakapalli District highly illegal, 2 arbitrary, unconstitutional, contrary to sections 53, 96, 94 and 98 of A.P. Panchayat Raj Act contrary to the G.O.Ms.No.188, dated 21.07.2011 respondents No.2 and 3 to respondent 1994 and also orders issued by the 1 respondent through and consequently direct the remove the illegal construction of compound wall made by the 4TH respondent on Public Road in YB- Patnam Village, Nathavaram Mandal, Anakapalli passage of the inmates and free flow of drainage system and to 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 to direct the respondents No.2 and 3 to remove the illegal construction of compound wall made by the 4TH respondent on Public Road in YB-Patnam Village, Nathavaram Mandal, Anakapalli District for free passage of the inmates an( free flow of drainage system pending disposal of the petition and to pass Counsel for the Petitioner: 1. V V N NARAYANA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following order: Declaring the action of respondent Nos.2 and 3 in not removing the compound wall constructed by the 4th respondent on the public road in YB- Patnam Village, Nathavaram Mandal, Anakapalli District, the present writ petition is filed. 2. Heard Sri Prasad Kumar, learned counsel representing Sri V.V.N.Naryana Rao, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing counsel for Grama Panchayat. 3 3. Sri Y. Koteswara Rao, learned Standing Counsel for the Grama Panchayat, on instructions, submitted that there is an encroachment as alleged by the petitioner and that the Grama Panchayat has already issued a show-cause notice and is taking steps in accordance with law. 4. In view of the submission made by the learned Standing Counsel, since the Grama Panchayat has already set the law into motion, there is no purpose in keeping the writ petition pending by calling for a counter. 5. Accordingly, this court is inclined to dispose of the writ petition, at the admission stage with the following direction. The respondent-Grama Panchayat is directed to take steps in accordance with law, after issuing proper show-cause notice, inviting explanation, and affording an opportunity of hearing to the concerned parties, and thereafter pass appropriate orders and take consequential steps. The said exercise shall be completed 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. No costs. Miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 30th December, 2025 SNI 4 224 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9305/2025 Date: 30.12.2025 SNI