APHC010184152021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10586 OF 2021 Between: 1. UMMIDIRAMBABU, S/O.LATEAPPANNA, AGED ABOUT 55 YEARS R/O.BANGARAMMAPALEM VILLAGE, H/O.VAKAPADU S.RAYAVARAMMANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY.(REVENUE) SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM 3. TAHSILDAR, S.RAYAVARAMMANDAL, VISAKHAPATNAM DISTRICT. 4. THE PANCHAYAT SECRETARY, BANGARAMMAPALEM GRAM PANCHAYAT S.RAYAVARAMMANDAL, VISAKHAPATNAM DISTRICT. 5. MALLIJAGANNADHAM, S/O.TATABBAI R/O.BANGARAMMAPALEM VILLAGE, H/O.VAKAPADU S.RAYAVARAMRNANDAL, VISAKHAPATNAM DISTRICT. 6. MALLIRAMANA, S/O.TATABBAI R/O.BANGARAMMAPALEM VILLAGE, H/O.VAKAPADU S.RAYAVARAMMANDAL, VISAKHAPATNAM DISTRICT. 7. MALLISRINU, S/O.TATABBAI R/O.BANGARAMMAPALEM VILLAGE, H/O.VAKAPADU S.RAYAVARAMMANDAL, VISAKHAPATNAM DISTRICT. 8. MALLITATABBAI, S/O.POTHURAJU R/O.BANGARAMN-IAPALERN VILLAGE, H/O.VAKAPADU. S.RAYAVARAMMANDAL, 2 VISAKHAPATNAM 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondent No.2 to 4 in not taking any action against the illegal and unauthorized construction made by the respondents 5 to 8 on the public road situated at Sy.No.484, 486 situated ati Bangarammapalem village, 11/o.Vakapadu, S.Rayavaramnnandal, Visakhapatnam Districtas illegal, .arbitrary and unconstitutional being violative of Art.14, 21 and consequently direct the respondents 2 to 4 to take action against the said illegal construction on public road by the respondent No.5 to 8 situated at Sy.No.484, 486 situated at Bangarammapalem village, H/o.Vakapadu, S.Rayavaramrnandal, Visakhapatnam Districtin accordance with law IA NO: 1 OF 2021 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 respondent No.2 to 4 to remove the illegal unauthorized construction on public road made by the respondent No.5 to 8 situated at Sy.No.484 486 situated at Bangarammapalem village, H/o.Vakapadu S.Rayavarammandal, Visakhapatnam. Districtforthwith 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 May be pleased to grant leave to the 7th respondent/petitioner to file counter in W.P. No. 10586 of 2021 and pass Counsel for the Petitioner: 1. A S C BOSE Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. BVSS BALAKRISHNA RANJIT 3 The Court made the following order: Heard Sri A.S.C.Bose, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3, learned Standing Counsel appearing for respondent No.4 and Sri B.V.S.S.Balakrishna Ranjit, learned counsel for respondent No.5 to 8. 2. The grievance of the petitioner in the instant writ petition is against the action of the respondent Nos.3 & 4, in not taking any action, on the complaint made by the petitioner against the respondent Nos.5 to 8, making unauthorized illegal construction on the public road in Sy.No.484, 486 at Bangarammapalem Village, H/o. Vakapadu, S.Rayavarammandal, Visakhapatnam District. 3. It is contended that pursuant to the complaint made by the petitioner, the 3rd respondent directed the Mandal Surveyor to conduct an inquiry. The Mandal Surveyor conducted an enquiry and submitted a report to the 3rd respondent on 11.12.2020. The said report states that the respondents Nos.5 to 8 have occupied the public road to an extent of Ac.0.09 cents, which is a public road, and further constructed a basement. Pursuant to the said report, the 3rd respondent issued a notice dated 14.12.2020 under Section 7 of the Land Encroachment Act, 1905, to respondents Nos.5 to 8. It is further contended that after the said notice, no further action has been taken by the respondent No.3. 4. Today, when the matter was taken up for consideration, learned Assistant Government Pleader for Revenue has placed before the Court a copy of the written instructions received from the 3rd respondent dated 4 21.02.2026. A perusal of the same would reflect that while it is not disputed by the 3rd respondent that there is an encroachment of the public road. The 3rd respondent has sought one month time to initiate appropriate proceedings by issuing fresh notices to the encroachers and to complete the process of eviction in accordance with law. 5. Having regard to the same, this Court deems it appropriate to dispose of the writ petition with a direction to the 3rd respondent to initiate proceedings for the removal of the unauthorized occupation of the public road by following due process of law after issuing notice to the respondents Nos.5 to 8 and after providing due opportunity of hearing to the petitioner as well as respondent Nos.5 to 8. It is needless to observe that the 3rd respondent shall conclude the entire process as expeditiously as possible not later than three months from the date of receipt of the copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 13.03.2026 BSK 5 36 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10586 OF 2021 Date: 13.03.2026 BSK