APHC010199102023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 10335/2023 Between: 1. DEVARAPALLI PUSHPAVATHI, W/O THYAGARAJU, AGED ABOUT 70 YEARS, HINDU, SENIOR CITIZEN, R/O D.NO. 5-13, NEAR POST OFFICE, SALT KOTHAR ROAD, CHINNAGANJAM VILLAGE AND MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTNIENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, PANCHAYAT WING), BAPATA DISTRICT AT BAPATLA (ERSTWHILE PRAKASAM DISTRICT) 3. DISTRICT PANCHAYAT OFFICER, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 4. CHINNAGANJAM GRAMA PANCHAYAT, REP.BY ITS EXECUTIVE AUTHORITY -CUM-PANCHAYAT SECRETARY, CHINNAGANJAM VILLAGE AND MANDAL, BAPATLA DISTRICT (ERSTWHILE PRAKASAM DISTRICT). 5. TAHSILDAR, CHINNAGANJAM MANDAL, CHINNAGANJAM VILLAGE AND MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT). 2 6. MOSQUE COMMITTEE, , REP. BY ITS PRESIDENT, MOHAMMAD SHA, CHINNAGANJAM VILLAGE AND MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM 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 direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly respondents 4 AND 5 in not initiating any action on my representation dated 31.03.2023 submitted for removal of encroachments being made 6th respondent and their followers from public passage in S.No.576 of Chinnaganjam Revenue Village of Chinnaganjam Mandal in Bapatla District (Erstwhile Prakasam District), as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on 4th respondent under section 53 of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of the Constitution of India and consequently direct the respondents 1 to 5 to remove the said encroachments and restore the road margin free from encroachment being made by 6th respondent and its followers or anybody else and pass 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 to direct the respondents particularly respondents 4 and 5 to initiate necessary action on petitioner's representation dated 31.03.2023 submitted to remove encroachments of 6th respondent and its followers from public passage classified in S.No.576 of Chinnaganjam Revenue Village of Chinnaganjam Mandal in Bapatla District (Erstwhile Prakasam District), pending disposal of the main Writ Petition and pass 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 to receive the Reply copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner: 1. SIVA SANKARA RAO BORRA 3 Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. AYESHA AZMA S 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ::ORDER:: Heard Sri Siva Sankar Rao Borra, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1, 2 and 3, Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 4th respondent, Ms. Usha, learned Assistant Government Pleader for Revenue for the 5th respondent, Ms. Ayesha Azma, learned counsel for the 6th respondent. 2. The petitioner filed the above writ petition to declare the action of respondents 4 and 5 in not initiating any action on the representation dated 31.03.2023 made by the petitioner, regarding the removal of encroachments made by the 6th respondent in a public passage in Sy.No.576 of Chinnaganjam Revenue Village and Mandal, Bapatla District, as illegal and arbitrary. 3. In the affidavit filed in support of the writ petition, the petitioner pleaded that she is the absolute owner and possessor of the house bearing D.No.5-13 situated in Sy.No.575/1 of Chinnaganjam Revenue Village. She filed suit in O.S.No.35 of 2015 on the file of the Principal Junior Civil Judge, Chirala, and the same is pending. The 6th respondent encroached upon the public pathway and made constructions, and hence she made a representation dated 31.03.2023. However, the same was not considered. 4 4. Pending the writ petition, a Co-ordinate Bench of this Court directed the learned District Collector to submit a survey report. Accordingly, a report was filed vide USR.No.7541 of 2026. As seen from the report and remarks, the total extent of land in Sy.No.576 of Chinnaganjam Village is Ac.0.27 cents and the same is classified as Road Poramboke. There are no encroachments in the road margin. The petitioner is having house in Sy.No.582. The total extent of land in Sy.No.582 of Chinnaganjam Village is Ac.5.29 cents, and the same is classified as Grama Kantam. The house of the 6th respondent was located in Sy.No.582. A road is located on the western side of the petitioner’s house. 5. Thus, as seen from the report, there are no encroachments in Sy.No.576, which is classified as Road Poramboke. 6. Given the facts and circumstances of the case, this Court does not find any merit. Accordingly, the writ petition is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 03.02.2026 SNI 5 219 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.10335 OF 2023 Dated: 03.02.2026 SNI