APHC010383922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 923 of 2026 Bench Sr.No:-15 [3584] Uppuluri Jitender and Others ...Appellant(s) Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 6th August 2026 Present : Advocate for Appellants: Mr. K. Chidambaram, Senior Counsel with Ms. Varshitha Kaligineedi Advocate(s) for Respondent(s): GP for Roads & Buildings LISA GILL, CJ: Appellants/writ petitioners being aggrieved of order dated 24.06.2026, have filed this writ appeal. 2. Brief facts necessary for adjudication of matter are that writ petitioners filed W.P. No.14528 of 2026 while pleading that they are absolute owners of buildings/houses as described. Said houses, it is stated, are constructed upon private property. There was a proposal to improve R & B road situated in front of petitioners’ houses between Martair to Prakkilanka. For this purpose, some demarcation was carried out and new identification marks were laid throughout the road in question with these marks being laid in midst of 2 HCJ & CGR, J W.A. No: 923 of 2026 petitioners’ residential houses. Upon protest by petitioners, they were threatened, leading to filing of W.P. No.20290 of 2024, which was disposed of by this High Court on 12.09.2024 directing respondents not to demolish petitioners’ houses except adopting due process of law. 3. It is further pleaded that respondent No.4 issued show cause notice, dated 17.09.2024, asking petitioners to explain as to why their residential houses be not demolished, as the same were constructed by encroaching upon R & B road. Reference was made to a survey, which was never put to petitioners. Aggrieved therefrom, W.P. No.20992 of 2024 was filed by petitioners, which was dismissed on 22.04.2026, directing petitioners to submit an explanation to show cause notice, dated 17.09.2024, within a period of four weeks, with the observation that controversy relating to title of property can only be decided after adducing documentary evidence. 4. Regarding factum of encroachment, explanation dated 05.05.2026 is stated to have been submitted by petitioners raising a specific ground that no survey was ever conducted by affording prior notice to petitioners. It was requested that proceedings be dropped. However, respondent No.4 passed order dated 12.05.2026, by observing that encroachments had been carried out by petitioners which had to be removed, leading to filing of yet another writ petition bearing No.14528 of 2026 i.e., subject matter of present proceedings. 3 HCJ & CGR, J W.A. No: 923 of 2026 5. Learned Single Bench noted contentions on behalf of respondents to the effect that impugned order was passed informing petitioners to cooperate with concerned officials for removal of encroachments and a direction was given to Tahsildar to take appropriate steps for removal of such encroachments in accordance with law, whereas writ petitioners/appellants stated in writ affidavit that a direction was given to Tahsildar to remove encroachments. Learned Single Bench on considering controversy dismissed writ petition with costs of Rs.25,000/- with following observations: “8. A bare reading of the said proceedings would nowhere show that a direction is given to the authorities to demolish the petitioners’ structures but only a letter has been addressed to the petitioners to cooperate with the concerned officials for removal of encroachments and the said proceedings clearly shows that they would follow law. When this Court has already given a direction to the authorities to follow due process of law in W.P.No.20290 of 2024, no reasons are coming forward as to what made the petitioners to again file a writ petition. 9. Filing writ petitions one after other is nothing but abuse of process of law. Such practice should be deprecated. If at all the respondents highhandedly interfere with the petitioners’ property, they can as well take steps as per law but they cannot once again file writ petition.” 6. It is further observed that a direction was already given to respondents in W.P. No.20290 of 2024 and same is not required to be repeated. Aggrieved therefrom, present appeal has been filed. 7. Contention on behalf of appellants to the effect that authorities were proceeding to remove alleged encroachments, was noted in order dated 31.07.2026 passed in this appeal and reference was made to order dated 4 HCJ & CGR, J W.A. No: 923 of 2026 12.05.2026, passed by Assistant Executive Engineer, Penugonda, which was impugned in writ petition wherein it is directed as under: “Hence, the encroachment made by you needs to be removed to ensure the free flow and movement of the traffic on the said road in interest of the public at large. You are hereby requested to cooperate, with the concerned Revenue and Ithempudi Gram Panchayat officials for removal of the encroachments made by you vide Door No.2-70/2, Survey No.1 of Ithempudi Village. It is hereby further requested the Tahsildhar, Iragavaram Mandal and the Secretary, Ithempudi Gram Panchayat to take appropriate action for removal of the encroachments in accordance with law.” 8. Learned Government Pleader for Roads & Buildings had specifically submitted before this Court that necessary order has to be passed by Gram Panchayat for eviction of appellants from the place in question. As it could not be informed as to whether such order had been passed or not, matter was adjourned to today. 9. Learned Government Pleader for Roads and Buildings, while referring to written instructions received from Deputy Executive Engineer (R&B), Sub- Division, Tanuku, submits that order dated 30.07.2026 had been passed by Gram Panchayat holding that writ petitioners/appellants have encroached upon area in question and were unable to give a satisfactory explanation for same. Road is required to be widened. Therefore, petitioners were directed to remove said encroachments within a period of seven days. 5 HCJ & CGR, J W.A. No: 923 of 2026 10. Learned counsel for appellants, at this stage, submits that liberty be afforded to appellants to challenge said order, dated 30.07.2026, in accordance with law and that costs of Rs.25,000/- imposed upon appellants vide impugned order, dated 24.06.2026, be set aside inasmuch as stand of appellants is vindicated and appellants were constrained to file writ petition, having been driven to the wall by action of authorities. 11. Keeping in view facts and circumstances, appellants are afforded liberty to challenge order dated 30.07.2026, in accordance with law. In the given factual matrix, costs of Rs.25,000/- imposed upon appellants is set aside. Writ Appeal is disposed of accordingly. There is no expression of opinion on merits of the matter. No costs. Pending miscellaneous applications, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J akn Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No 6 HCJ & CGR, J W.A. No: 923 of 2026 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN Writ Appeal No:923 of 2026 DATE : 06.08.2026 AKN 52