APHC010332282025 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: 17315/2025 Between: 1. GOLI SRINIVASA RAO,, S/O.LATE VENKANNA, MALE, AGED 57 YEARS, R/O.TALLAPUDI VILLAGE, TALLAPUDI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAHMUNDRY. 3. THE DIVISIONAL PANCHAYT OFFICER, KOVVUR DIVISION, KOVVUR, EAST GODAVARI DISTRICT. 4. REVENUE DIVISIONAL OFFICER, KOVVUR REVENUE DIVISION, KOVVUR, EAST GODAVARI DISTRICT. 5. THE TALLAPUDI GRAM PANCHAYAT, REP. BY ITS SECRETARY, TALLAPUDI, EAST GODAVARI DISTRICT. 6. THE ASSISTANT ENGINEER, R AND B DEPARTMENT, TALLAPUDI, TALLAPUDI MANDAL, EAST GODAVARI 2 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 a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 6 in not taking steps for removal of the Babu Jaganjeeva Rao statue and not taking steps for removal of connected encroachments in front of my house site in an extent of 960 sq.yds in R.S.No.101/1 of Tallapudi Village, the road leads to Prakilanka to Marteru, inspite of my representations and complaints as illegal, irregular and arbitrary and violative of the provisions of Panchayat Raj Act and Rules framed there under and also offends Articles 14, 21 and 300 A of the Constitution of India and consequently direct the respondents to remove the unauthorized encroachments including statutes infront of my site in an extent of 960 sq.yds in R.S.No.101/1 of Tallapudi Village, the road leads to Prakilanka to Marteru on road margin 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 to take steps to prevent further encroachment of the road margin including development of mini park around the statute in front of the petitioner’s house site an extent of 960 sq.yds in R.S.No.101/1 of Tallapudi Village pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. GP FOR REVENUE 3 The Court made the following: ORDER: Aggrieved by the action of the respondents in not taking steps for removal of the Babu Jaganjeeva Rao statue and connected encroachments in front of the petitioner’s house admeasuring 960 Sq. yards in R.S.No.101/1 of Tallapudi Village, the present writ petition is filed. 2. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit submitted that despite making representations to the respondents to remove the encroachments and the Statue of Babu Jaganjeeva Rao in the subject property, no action has been initiated in that regard. He further submitted that it would suffice if a direction is given to the respondents to take action on the said encroachments, accordingly, prayed to pass appropriate orders. 4. On the other hand, learned Standing Counsel on written instructions dated 01.01.2026 submitted that the said statue has been located in the land belonging to the Roads & Buildings Department without any permission, as such, prayed to pass appropriate orders. 4 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. It is not in dispute that the statue has been erected in the land belonging to R&B department that too without permission from the concerned authorities. In the said circumstances, by virtue of G.O.Ms.No.18 dated 18.02.2013, in view of the facts and circumstances of the case, this Writ Petition is disposed of directing the District Collector concerned to look into the grievance of the petitioner and if found that the statue is erected without any permission, take steps in accordance with law by following rules in force as expeditiously as possible not later than three months from the date of receipt of a copy of this order. 7. 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