APHC010220782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11645/2025 Between: 1. GANGAVARAM VENKATARANGAIAH,, 5/O G. KAVERI SETTY, AGED ABOUT 60 YEARS, R/O 8-80, MAIN BAZAR, VADIKI, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, GUNTHAKALLU, ANANTAPUR DISTRICT. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, YADIKI MANDAL, ANANTAPUR DISTRICT. 4. THE PANCHAYAT SECRETARY, YADIKI GRAMA PANCHAYAT, ANANTAPUR DISTRICT. 5. SURABHI VENKATESH, S/O LATE LAKSHMANNA, AGED ABOUT 35 YEARS, R/O D.NO.9/27, MARKET STREET, YADIKI VILLAGE AND MANDAL, ANANTAPUR DISTRICT. 6. SURABHI NARESH, , S/O LATE LAKSHMANNA, AGED ABOUT 33 YEARS, R/O D.NO.9/27, MARKET STREET, YADIKI VILLAGE 2 AND MANDAL, ANANTAPUR 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 an appropriate order direction especially one in the nature on Writ of Mandamus, declaring the action of the respondents 2 to 4 in not initiating action against the ongoing illegal construction of house by the respondent no.5 and 6 by encroaching and closing the public road (Santha Bazar) in Yadiki Village, without any permission from the Authorities which is illegal, improper, arbitrary and violation of Article 14 and 21 of Constitution of India. Consequently direct the respondents 2 to 4 to conduct enquiry and demolish the ongoing illegal construction of house by the 5th and 6th respondents in public road in Yadiki Village 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 to direct the Respondents 2 to 4 to consider the petitioner's representation and stop the ongoing illegal construction work by the 5th and 6th respondents on public road situated in Yadiki Village, Pending disposal of above Writ Petition, and to 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 prayed this Hon’ble court may kindly vacate the interim order of status quo dated 05.05.2025 granted in I.A. 1 of 2025 in WP No. 11645 of 2025 and pass IA NO: 3 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 kindly vacate the interim order of status quo dated 05.05.2025 granted in I.A. 1 of 2025 in WP No. 11645 of 2025 and pass Counsel for the Petitioner: 3 1. HARINADH NIDAMANURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GANTA EDIGA RAKESH GOUD 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following ORDER: To declare the action of the respondents in not initiating action against the ongoing illegal construction of house by respondent Nos.5 & 6 by encroaching and closing the public road (Santha Bazar) in Yadiki Village, without any permission from the authorities which is illegal and arbitrary, the present writ petition is filed. 2. Heard Sri T.Venkata Rao, learned counsel representing Sri N.Harinath, learned counsel for the petitioner, Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat, Sri Bala Krishna, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri G.Rakesh Goud, learned counsel for respondent Nos.5 & 6. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that illegal constructions are being carried out by respondent Nos.5 & 6 by encroaching the Panchayat road (santha bazar). Despite bringing it to the notice of the respondent authorities, no action has been initiated. He further submitted that it would suffice for the 4 time being if a direction is given to the official respondents to take steps in accordance with law, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Assistant Government Pleader for Panchayat Raj and Revenue submitted that a survey has already been conducted by the Tahsildar and a report was also submitted to the Gram Panchayat stating that encroachments have been found place on the road. 5. Learned Standing Counsel for Gram Panchayat submitted that the Gram Panchayat would take steps against the encroachments in accordance with law, accordingly, prayed to pass appropriate orders. 6. Learned counsel for respondent Nos.5 & 6 submits that there are no encroachments as alleged by the petitioner. It was contended that the unofficial respondents have made constructions in private land and there is an agreement to the said effect between the petitioner and the unofficial respondents, however, only to deny the rights under the agreement, the present writ petition is filed with all false allegations. He further submitted that the alleged survey was conducted behind the back of respondent Nos.5 & 6. The writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 7. Perused the record and considered the submissions made by the learned counsel for the parties. 5 8. Despite bringing it to the notice of the respondent authorities about the illegal construction being made by respondent Nos.5 & 6 by occupying Panchayat road, no action has been initiated, is the grievance of the petitioner. The written instructions of the District Panchayat Officer dated 01.01.2026 would go to show that survey has been conducted and encroachments were identified. Further, learned Standing Counsel submitted that the Gram Panchayat would take steps in accordance with law. Learned counsel for respondent Nos.5 & 6 submitted that the unofficial respondents have not encroached the public road and they are constructing in their private land wherein an agreement is there between the petitioner and the unofficial respondents and only to deny the rights under the agreement such allegations have been leveled by the petitioner. Further, the survey is conducted behind the back of the unofficial respondents. However, this Court is not inclined to go into the said aspects. When a survey has been conducted and a report was made to that effect bringing it to the notice of the Gram Panchayat that encroachments were found in the public road, it is the duty cast upon the Gram Panchayat authorities to take steps against the said encroachments. However, the unofficial respondents are claiming some rights through agreement between them and the petitioners stating that the land is a private land. As such, to meet the ends of justice, this Court is inclined to pass the following order: 6 “The Tahsildar concerned is directed to conduct a survey once again by duly taking into consideration the documents of the petitioner and unofficial respondent Nos.5 & 6 and to find out whether the land in which constructions are being carried out is a private property as per the agreement mentioned by respondent Nos.5 & 6 or as the public road as contended by the petitioner. If it is identified that encroachments are made in the public road, a fresh report may be submitted to the Gram Panchayat. On such report, the Gram Panchayat shall take steps in accordance with law by giving show cause notice inviting explanation to the parties and an opportunity of being heard as well and pass orders accordingly. Such exercise shall be completed within a period of three (03) months from the 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, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th January, 2026 RKS