1 APHC010057132019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2608/2019 Between: N Seethamahalakshmi ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 2 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.2608 of 2019 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “ pleased to issue Writ, order or orders specially one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 6th respondent in not removing the encroachment made by the 7th respondent in Bhavanipuraml Santhoshnagar, Konthamuru, Kolamuru Panchayat, Rajamahendravaram Rural Mandal, East Godavari District as per the provisions of A.P Panchayat Raj Act, 1994 and the Rules made thereunder as illegal, arbitrary, contrary to the Provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the Rules made there under and consequential direct the respondent No.6 to henceforth initiate appropriate action for removal of encroachments/illegal constructions made by the 7th respondent as stated supra and pass such other order or orders as are deemed fit and proper….” 2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 6th respondent. 3. Learned counsel for the petitioner submits that the petitioner purchased the land in Sy.No.350, Plot No.38 admeasuring 75 sq.yards in Santhoshnagar, Konthamuru, Kolamuru Panchayat, Rajamahendravaram Rural Mandal, East Godavari District under a registered sale deed and made construction of the house after obtaining necessary permission from the 6th 3 respondent Gram Panchayat. On the east of the said house, 6 feet road is situated which is under the control of the Gram Panchayat. While so, the 7th respondent while constructing building in Sy.No.350/2P occupied the road and constructed wash rooms and compound wall. Aggrieved by the same, the petitioner made a representation, dated 30.03.2015 to the 2nd respondent in grievance cell seeking to take action against the 7th respondent for occupying the road. But till date no action has been taken. He further submits that the 5th respondent addressed a letter to the 6th respondent to take action for removal of the encroachments. But, the 6th respondent-Gram Panchayat is not taking steps to remove the encroachments made by the 7th respondent which is illegal and arbitrary. Hence, the present Writ Petition is filed. 4. Pending Writ Petition, learned Standing Counsel for Gram Panchayat appearing for 6th respondent has filed counter affidavit. Paragraph Nos.8 and 9 of the said counter affidavit reads as follows:- 8. It is respectfully submitted that in view of the orders of the Hon’ble High Court to consider the explanation and take necessary action and the directions of the Sub-Collector, the gram panchayat along with the assistance of the revenue authorities and the police authorities have removed the encroachments on 09.10.2020 at 3.00 PM and a compliance report of the same was submitted to the Sub-Collector’s office vide Roc.No.08/2014, dated 12.10.2020. 9. It is submitted that the complaints of the petitioner were addressed and the necessary action was taken to clear the encroachments on to the road in view of the directions of the 4 sub-collector in accordance with the survey report. It is relevant to mention that as of today, the encroachments on to the road were removed and as such there are no obstructions on the road made by the unofficial respondent herein. 5. Relying on the averments made in the counter affidavit filed by Respondent No.6, learned Standing Counsel for Respondent No.6 submits that the encroachments were already removed with the help of the police authorities on 09.10.2020 at 3.00 PM and a compliance report was submitted to the Sub-Collector’s office vide Roc.No.08/2014, dated 12.10.2020. He further submits that as the grievance of the petitioner was already redressed, no further orders are necessary in the present Writ Petition. Hence, it may be closed. 6. Recording the submissions of learned Standing Counsel for 6th respondent, the Writ Petition is closed as infructuous. There shall be no costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 24.07.2025 TM 5 379 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.2608 of 2019 24.07.2025 TM