APHC010131212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7965/2025 Between: 1. SHAKE NAGUL MEERA, S/O ALII BUDE, AGED ABOUT 46 YEARS, SHALEM NAGAR, NARASARAOPET, GUNTUR DISTRICT. 2. SHAIK KAREEM, S/O NAYAB MUSHKILE AGED ABOUT 50 YEARS LALUGARI BAZZAR,, DACHEPALLI, DACHEPALLI MANDAL, GUNTUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRL. SECRETARY, MUNICIPAL ADMINISTRATION, A.P. SECRETARIAT, VELAGAPUDI - 522 237, GUNTUR DISTRICT. 2. DACHEPALLI NAGARA PANCHAYATHI, REP. BY ITS COMMISSIONER, DACHEPALLI, GUNTUR DISTRICT. 3. JANIBEGAM SHAIK, VV/O AJIT SHAIK, ROAD MARGIN NEAR TSNO. 976/1-2, Z.P. HIGH SCHOOL BAZAR, DACHEPALLI, GUNTUR DISTRICT 4. BRAHMAIAH MANJAMPALLY, S/O VEERACHAII, ROAD MARGIN NEAR TSNO. 976/1-2, Z.P. HIGH SCHOOL BAZAR, DACHEPALLI, GUNTUR DISTRICT. 5. SIVAKUMARI KATHOJU, RADHAKRISHNA, ROAD MARGIN NEAR TSNO. 976/1-2, Z.P. HIGH SCHOOL BAZAR, DACHEPAILI, GUNTUR DISTRICT 6. SURESH KUMAR KATHOJU, VS/O RADHA KRISHNA, ROAD 2 MARGIN NEAR TSNO. 976/1-2, Z.P. HIGH SCHOOL BAZAR, DACHEPAILI, GUNTUR DISTRICT 7. KOTILINGACHARI KADARI DIED AS PER L RS RR 8 AND 9, S/O ANNAJI, ROAD MARGIN NEAR TSNO. 976/1-2, Z.P. HIGH SCHOOL BAZAR, DACHEPAILI GUNTUR DISTRICT 8. KADARI ANASURYA, W/O LATE KOTILINGACHARI KADARI, ROAD MARGIN NEAR TS NO.976/1-2, Z.P.HIGH SCHOOL BAZAR, DACHEPALLI GUNTUR DISTRICT. 9. KADARI VENKATESWARAMMA, D/O LATE KOTILINGACHARI KADARI, ROAD MARGIN NEAR TS NO.976/1-2, Z.P.HIGH SCHOOL BAZAR, DACHEPALLI GUNTUR DISTRICT. 10. CHEEDALLA RAVI S/O SUBBA RAO, ROAD MARGIN NEAR TS NO.976/1-2, Z.P.HIGH SCHOOL BAZAR, DACHEPALLI GUNTUR DISTRICT. RR 8 AND 9 ARE BROUGHT ON RECORD AS L.RS OF THE DECEASED 7TH RESPONDENT AND R10 IS IMPLEADED AS PER THE COURT'S ORDER DT.03.02.2026 IN I.A.NOS.03 AND 02 OF 2025 RESPECTIVELY. ...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 a Writ, Order or Proceedings more particularly one in the nature of Writ of Mandamus declaring the action of 2nd Respondent herein in not taking steps to remove encroachments made by the Respondents 3 to 7 herein on the road margin of Z P. High School Bazar (road) having issued notices dt. 12-09-2024,13-11-2024, 09-12-2024 and 27- 01-2025 U/Sec. 192, 360 and 361 of Andhra Pradesh Municipalities Act, 1965, in spite of repeated requests of the Petitioners and M.P.U.P School as illegal, arbitrary and contrary to law and consequently direct the 2nd Respondent to remove the above encroachments immediately 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 pleased to direct the 2nd Respondent to remove the encroachments made by the Respondents 3 to 7 herein on the road margin of Z.P. High School Bazar (road) immediately in pursuance of notices dt. 12-09-2024,13-11-2024, 09-12-2024 and 27-01-2025 pending disposal of the Writ Petition and pass 3 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 May be pleased to implead proposed 10th Respondent as 10th Respondent in W.P. No. 7965 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 be pleased to bring the LRs of deceased respondent No.7 in W.P.No.7965of 2025 as respondents 8 and 9 in the Writ Petition 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 May be pleased to Grant Leave to file a counter in the above W.P.No.7965 of 2025 and pass Counsel for the Petitioner(S): 1. BHUVANAGIRI SUBRAMANYA KUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities The Court made the following: 4 Order:- The present writ petition is filed aggrieved by the inaction on the part of respondent No. 2 in taking action against respondent Nos. 3 to 8 and removing the encroachments made by them over the road margin. It is the specific case of the petitioners that they have purchased a house site admeasuring 484 square yards at Dachepally and have also obtained permission for construction of a residential dwelling unit. It is submitted that on the southern side of the petitioners' property there exists a 40 feet road, and that the road margin between the Z.P. High School and the petitioners' property has been encroached upon by respondent Nos. 3 to 8. It is further submitted that respondent Nos. 3 to 8 have constructed temporary sheds blocking the access to the petitioners' property. In this regard, the petitioners submitted representations to respondent No. 2 seeking removal of the unauthorized encroachments on the road margin. It is also submitted that the said encroachments are causing inconvenience to the school children and the staff of the school and have obstructed the ingress and egress to both the school and the petitioners' property. Though respondent No. 2 had issued notices to respondent Nos. 3 to 8, no further steps were taken for removal of the unauthorized encroachments. 2. Heard learned counsel for the petitioners and V.Sireesha Rani, learned Standing Counsel for the respondent No.2. 5 3. The learned Standing Counsel appearing for respondent No. 2 submits that a detailed counter affidavit has been filed and that the encroachments were identified by respondent No. 2. It is submitted that a field verification conducted by the competent authority identified the obstruction caused by the encroachments and the inconvenience caused to the petitioners, the school children and the staff of the school. It is also stated that the encroachers are utilizing the school ground and the petitioners' land as a passage, thereby causing inconvenience. It is further stated that the Headmaster of the MPUP Urdu School submitted a complaint dated 27.06.2024 requesting removal of all the encroachments on the road margin to provide free access to the school situated on the northern side of the petitioners' property. It is also stated that respondent No. 2 issued notices under Sections 192, 360 and 361 of the A.P. Municipalities Act, 1965, dated 13.11.2024, 16.11.2024, 09.12.2024 and 27.01.2025, to respondent Nos. 3 to 8 directing them to remove the encroachments. 4. It is further stated that there are five semi-permanent structures over the road margin and that a joint inspection was also conducted. The Tahsildar, Dachepally Mandal, forwarded the report of the Mandal Surveyor dated 07.02.2026, clearly identifying that respondent Nos. 3 to 8 had encroached upon the road margin. It is also stated in the counter affidavit that respondent No. 2 addressed the Tahsildar, Dachepally Mandal, for rehabilitation of the eligible encroachers and that, soon after such rehabilitation, action would be taken for removal of the structures. 6 5. In reply, the learned counsel for the petitioners submits that the issue of rehabilitation is left to the official respondents and that the petitioners have no say in that regard. However, once the encroachments have been identified, it is the duty of the official respondents to remove them. It is further submitted that the explanations submitted by respondent Nos. 3 to 8 claiming that they have been paying taxes and carrying on their businesses ought not to deter the official respondents from removing the encroachments. 6. Considering the submissions, it is not in dispute that respondent Nos. 3 to 8 have encroached upon the road margin and that the encroachments have also extended towards the land of the MPUP Urdu School. It is also the specific finding of the Mandal Surveyor that the encroachments are causing inconvenience to the school children, the staff of the school and are obstructing the ingress and egress to the petitioners' property. The issue of rehabilitation of encroachers over Government land is a matter to be dealt with by the official respondents in accordance with law. However, the process of rehabilitation or providing an alternative site cannot be a ground to indefinitely postpone the removal of unauthorized encroachments over public property. The encroachers have already been issued several notices, their explanations have been called for and considered, and the survey has also been conducted after due notice to all the concerned respondents. Therefore, there is no logic in delaying in removal of the encroachments for further period of time. 7. Accordingly, respondent No. 2 shall take appropriate action for removal of the encroachments made by respondent Nos. 3 to 8 and restore the road 7 margin, while also preventing any encroachment over the land of the MPUP Urdu School. Respondent No. 2 shall grant 30 days' time to respondent Nos. 3 to 8 to remove their movable articles and belongings. In the event respondent Nos. 3 to 8 fail to comply within the said timeline, respondent No.2 shall have to take necessary action in accordance with law to remove the encroachments and reclaim the encroached road. 8. With these observations, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 20.07.2026 RSD 8 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7965/2025 20.07.2026 RSD