Date of reserved for orders : ----------- Date of pronouncement : 29.06.2026 Date of uploading : 10.07.2026 APHC010317002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 16858/2026 Between: 1. JONNAKUTI BRAHMAYYA, S/O BRAHMAYYA, AGED ABOUT 52 YEARS, OCC ADVOCATE / RESIDENT, R/O DHARMAVARAM VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 534340. ...PETITIONER AND 1. THE STATE OF ANDHARA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522503. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM, ANDHRA PRADESH - 533101. 3. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM, ANDHRA PRADESH - 533101. 4. THE TAHSILDAR, KOVVUR MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 534350. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, KOVVUR MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 534350. 6. THE PANCHAYAT SECRETARY, DHARMAVARAM GRAM 2 PANCHAYAT, DHARMAVARAM VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 534340. 7. THE VILLAGE SURVEYOR, DHARMAVARAM VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 534340. 8. SRI DAARA RAJU RAJU, S/O UNKNOWN, AGED ABOUT 55 YEARS, RIO DHARMAVARAM VILLAGE, KOVVUR MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 534340. ...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 of Mandamus, declaring the inaction of Respondents 2 to 7 in conducting survey, demarcating Gram Panchayat land and road margins, and in failing to remove encroachments, unauthorized constructions, illegal drainage structures and obstructions over the public road leading from the Petitioner's house to the main road in Dharmavaram Village, Kovvur Mandal, East Godavari District, despite the Petitioner's representations dated 22-08-2025 and 26-11-2025 and despite the proceedings of the Tahsildar, Kovvur in Roc.No.724/2025/A dated 29-08-2025, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the statutory duties cast upon the Respondents and consequently direct Respondents 2 to 7 to forthwith initiate and complete removal of such encroachments, unauthorized constructions and drainage obstructions strictly in accordance with law and pass IA NO: 1 OF 2026 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 respondents 2 to 7 to forthwith conduct joint inspection and survey of the subject Gram Panchayat land, public road and road margins in Dharmavaram Village, Kovvur Mandal, East Godavari District, pursuant to the proceedings of the Tahsildar, Kovvur in Roc.No.724/2025/A dated 29-08- 2025, pending disposal of the above writ petition and pass IA NO: 2 OF 2026 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 3 Pleased to direct the respondents 2 to 7 not to grant any approval, permission, no objection or electricity service connection in favour of the 8th Respondent in respect of the alleged unauthorized constructions / shops over Gram Panchayat land / road margin, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. M DHANA RAJU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer: “…to issue a Writ of Mandamus, declaring the inaction of Respondents 2 to 7 in conducting survey, demarcating Gram Panchayat land and road margins, and in failing to remove encroachments, unauthorized constructions, illegal drainage structures and obstructions over the public road leading from the Petitioner's house to the main road in Dharmavaram Village, Kovvur Mandal, East Godavari District, despite the Petitioner's representations dated 22-08-2025 and 26-11-2025 and despite the proceedings of the Tahsildar, Kovvur in Roc.No.724/2025/A dated 29-08-2025, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the statutory duties cast upon the Respondents and consequently direct Respondents 2 to 7 to forthwith initiate and complete removal of such encroachments, unauthorized constructions and drainage obstructions strictly in accordance with law and pass…” 2. Case of the petitioner, in brief, is that he is a resident of Dharmavaram Village, Kovvur Mandal, East Godavari District. He, along with other villagers, 4 has been using the Gram Panchayat road and its margins for ingress and egress, as well as for movement of vehicles, including lorries, ambulances, school buses and for other public purposes. The unofficial respondents, namely Daara Raju @ Raju and his family members, have illegally encroached upon portions of Gram panchayat land and road margins situated on the western and southern side of their house and have raised unauthorized constructions, including two shops, one allegedly under the name and style of ‘Jahnavi Online Services’ and another being a ladies’ bangles/fancy shop, without obtaining any valid permission from the competent authority. As a result, the public road has been narrowed, rendered unsafe, and the convenience of the general public has been adversely affected. The unofficial respondents have also constructed and are maintaining illegal drainage structures across and abutting the Panchayat road and are discharging wastewater in a manner that causes nuisance and obstruction to both the petitioner’s property and the public road. It is further averred that on 03.08.2025, when a lorry carrying soil was proceeding for the petitioner’s lawful construction activity, the unofficial respondents obstructed the lorry, abused the petitioner and others in filthy language, demanded and collected money on the pretext of damage caused to the drainage, and thereby prevented the petitioner from carrying on his lawful construction activity. Thereafter, the petitioner submitted a detailed joint petition/representation dated 22.08.2025 to the respondent No.2 – District 5 Collector seeking coordinated action at the District level through the Revenue, Panchayat, Engineering and Police authorities, for conducting a survey, demarcating the Gram Panchayat land, removing the encroachments, restoring the public road, and preventing the drainage nuisance. Upon receipt of the said representation, respondent No.4 – Tahsildar, by proceedings dated 29.08.2025, directed the Village Surveyor to conduct a detailed survey of the lands and road as per the official village records and to submit a report. However, despite the said proceedings, no survey was conducted, no report was submitted and no remedial action was taken by the respondent authorities. Then, the petitioner submitted a reminder representation-cum- joint petition dated 26.11.2025 to the respondent No.2. In the meanwhile, the unofficial respondents have been attempting to strengthen and legitimize their illegal occupation by seeking approvals of the authorities in respect of their unauthorized shops. Aggrieved by the inaction and failure of the respondent authorities to discharge their statutory duties and take appropriate action on the petitioner’s representations, the petitioner has filed the present Writ Petition. 3. Heard. Perused the record. 4. Learned counsel for the petitioner submits that Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 empowers the Executive Authority of the Gram Panchayat to take action for the removal of encroachments, projections, or obstructions on public roads vested in the Gram Panchayat. He contends 6 that failure of the competent authorities to exercise the said statutory power, despite the petitioner’s written representations and the proceedings of the Tahsildar directing the Village Surveyor to conduct a detailed survey and submit a report, amounts to abdication of their statutory duties. He further submits that the official respondents are under a statutory obligation to remove the encroachments made by the unofficial respondents and restore the Gram panchayat road and its margins to their original condition, so as to ensure their unhindered use by the general public. 5. Therefore, in view of the submissions made by the learned counsel for the petitioner and without going into the merits of the case, this Writ Petition is disposed of, at the stage of admission, directing the respondent authorities to consider the petitioner’s representations dated 22.08.2025 and 26.11.2025, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in the Writ Petition shall stand closed. _____________________________ JUSTICE K.SREENIVASA REDDY Date: 29.06.2026 anr Whether the order is: Speaking ☑ Reasoned Reportable Non-reportable ☑ 7 HON’BLE SRI JUSTICE K.SREENIVASA REDDY Writ Petition No.16858 of 2026 Date: 29.06.2026 anr