APHC010368402021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22537/2021 Between: 1. J. MALLANA GOUD,, S/O. SHIVARUDRA GOUD, AGED ABOUT 65 YEARS, OCC- AGRICULTURE, RIO. H.NO. 6-16, GULYAM (V), HALAHARVI MANDAL, KURNOOL DISTRICT. 2. M. SIDDALINGAIAH SWAMY, , S/O. VIRUPAKSHAIAH SWAMY, AGED ABOUT 65 YEARS, OCC- AGRICULTURE, R/O. H.NO. 2-22, GULYAM (V), HALAHARVI MANDAL, KURNOOL DISTRICT. 3. V. HANUMANTHAIAH SWAMY, , S/O. V. VENKATA SWAMY, AGED ABOUT 39 YEARS, OCC- AGRICULTURE, R/O. H.NO. 2-4, GULYAM (V), HALAHARVI MANDAL, KURNOOL DISTRICT. 4. J. MALLIKARJUNA GOUD, , S/O. RUDRA GOUD, AGED ABOUT 67 YEARS, R/O. H.NO. 1-92/1, GULYAM (V), HALAHARVI MANDAL, KURNOOL DISTRICT. 5. G.H.M. CHANDRA SEKHARA SWAMY,, S/O. SIDDA MURTHY SWAMY, AGED ABOUT 44 YEARS, R/O. H.NO. 2-17, GULYAM (V), HALAHARVI MANDAL, KURNOOL DISTRICT. 6. G.H.M. GIRIJAPATHI,, S/O. G.H.M. SWAMY, AGED ABOUT 49 YEARS, R/O. H.NO. 2-21, GULYAM (V), HALAHARVI MANDAL, KURNOOL DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, 2 VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. A.P. 2. THE DISTRICT PANCHAYAT OFFICER, , KURNOOL DISTRICT. 3. THE PANCHAYAT SECRETARY, GULYAM (V), HALAHARVI (M), KURNOOL DISTRICT. 4. THE TAHSILDAR, HALAHARVI MANDAL, KURNOOL DISTRICT. 5. K LAKSHMAN RAO, S/O. NOT KNOWN, AGED ABOUT 65 YEARS, R/O. H.NO. 2/14, GULYAM (V), HALAHARVI MANDAL, KURNOOL 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 a Writ of MANDAMUS declaring the inaction of the Respondents 2 to 4 in initiating appropriate action on the written representation dated 15.07.2021 submitted by the petitioners, as illegal, arbitrary and violative of Articles 300-A of the Constitution of India, and consequently direct the Respondents to initiate an appropriate action stalling the construction activity of the 5th respondent as the Rastha locate in S.No. 230 of Gulyam (V), Halaharvi (M) of Kurnool District, 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 Respondents 2 to 4 to stall the construction activity being carried on by the 5th Respondent on Rastha located in S.No. 230, 2ncl Ward Gulyarn (V), Halaharvi (M), Kurnool District, Counsel for the Petitioner(S): 1. P PADMAVATHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. B S VENKATA RAMESH 3 ORDER: The grievance of the petitioners, in short, is that though a representation dated 15.07.2021 was made bringing to the notice of the authorities concerned about the illegal construction carried out by the 5th respondent by occupying the panchayat road, the authorities have not taken any action so far. 2. Heard Ms.P.Padmavathi, learned counsel for the petitioners and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Perused the record and considered the submissions made by the respective parties. 4. This writ petition is of the year 2021. So far, no counter has been filed nor chosen to place the instructions on record. 5. Keeping in view the facts and circumstances, as the relief is innocuous, there is no purpose in keeping the writ petition pending and hearing the unofficial respondent. 6. Accordingly, the writ petition is disposed of directing the respondent authorities to pass orders on the representation of the petitioners dated 15.07.2021. If the respondent authorities find that the allegations are correct and there are encroachments as alleged, they shall take steps in accordance with law by issuing proper show cause notices to the encroachers, inviting explanation by giving sufficient time, providing an opportunity of being heard and pass a reasoned order. If there are no encroachments as alleged by the 4 petitioner, the same shall be informed to the petitioners in writing. The said exercise shall be completed within a period of three (03) months from the date of receipt of copy of this order. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 06.01.2026. JLV 5 395 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 22537/2021 Date: 06.01.2026. JLV