APHC010478352024 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: 24673/2024 Between: 1. SOMAYYAGARI NAGESWRA RAO, S/O.S. SESHAIAH, AGED ABOUT 57 YEARS, OCC- AGRICULTURE, R/O.D.NO. 11-33- 935F, VENGALA RAO NAGAR, KAVALI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARY BUILDING VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARY BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 4. THE REVENUE DIVISIONAL OFFICER, KAVALI MANDAL, SPSR NELLORE DISTRICT. 5. THE TAHSILDHAR, KAVALI MANDAL, SPSR NELLORE DISTRICT. 2 6. THE PANCHAYAT SECRETARY, KARETIVARIPALEM VILLAGE, THUMMALAPENTA GRAM PANCHAYATH, KAVALI MANDAL, SPSR NELLORE DISTRICT. 7. THE VILLAGE REVENUE OFFICER, KARETIVARIPALEM VILLAGE, H/O. THUMMALAPENTA VILLAGE KAVALI MANDAL, SPSR NELLORE DISTRICT. 8. JEDDA VENKAIAH, S/O. JEDDA VENKATESWARLU, AGED 45 YEARS, OCC- TEA STALL OWNER, KARETIVARIPALEM VILLAGE, H/O. THUMMALAPENTA VILLAGE, KAVALI MANDAL, SPSR NELLORE 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 pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the inaction on part of the respondents No.3 to 7 in removing the encroachment on the government road at Karetivaripalem Village, H/o. Thummalapenta Village, Kavali Mandal made by the respondent No.8, by establishing a tea stall in the middle of the road as arbitrary, illegal, colourable exercise of power and contrary to the Andhra Pradesh Panchayata Raj Act, 1994 apart from being violative of the Fundamental and Constitutional Right guaranteed to us under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to remove the unauthorized encroachment and construction made by the respondent No.8 at the entrance of road in Karetivaripalem Village, H/o. Thummalapenta Village, Kavali Mandal, forthwith by restoring the road and pass IA NO: 1 OF 2024 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 consider the representation dated 05.10.2024 and take appropriate action, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 3 1. N.RUPESWAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. KOPPARTHI SUMATHI 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORDER: Aggrieved by the inaction of the respondents in removing the encroachments made by the 8th respondent by establishing a tea stall in the middle of the Government road at Karetivaripalem Village, H/o. Thummalapenta Village, Kavali Mandal, the present writ petition is filed. 2. Heard Sri N.Rupeswar Reddy, learned counsel for the petitioner, Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat, Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Smt Kopparthi Sumathi, learned counsel for the 8th respondent. 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 on the Government Road, no action has been initiated in that regard. He further submitted that it would 4 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 03.01.2026 submitted that notice has been issued to the 8th respondent on 20.10.2024 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, to remove the encroachments in the subject land and the authorities would take steps in accordance with law, as such, prayed to pass appropriate orders. 5. Smt Kopparthi Sumathi, learned counsel for the 8th respondent submitted that the petitioner is an encroacher in the government land and as against the said encroachments writ petition has been filed before this Court and the same is pending consideration. Only to wreck vengeance against the 8th respondent, the petitioner filed the present writ petition, accordingly, prayed to dismiss the writ petition. 6. In reply, learned counsel for the petitioner submitted that prior to filing of writ petition itself, notice has been issued and the authorities have not taken any further course of action under law and in an eye washed manner, they left the issue. He further submitted that if at all the 8th respondent has any grievance, they have to approach competent authority, but cannot raise unnecessary allegations across the bench in the Court. In those circumstances, prayed to pass orders. 5 7. Perused the record and considered the submissions made by the learned counsel for the parties. 8. It is not in dispute that the 8th respondent has encroached the government road wherein the Gram Panchayat has issued notice in that regard. As rightly contended by the learned counsel for the petitioner, after issuing notice way back in the year 2024, no further steps have been taken so far, which is unsustainable. The Gram Panchayat has failed in doing its statutory duty in removing the encroachments. However, instead of going into the merits and demerits of the case, this Court is inclined to dispose of the writ petition without inviting any counter by passing the following order: “The Gram Panchayat shall look into the grievance of the petitioner and if found any encroachments as alleged by the petitioner, shall take steps in accordance with law by issuing proper show cause notice to the 8th respondent inviting explanation by giving sufficient time and after providing an opportunity of hearing and pass a reasoned order. 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. 6 As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th January, 2026 RKS