M Raghupathi Vs the State of Andhra Pradesh

M RAGHUPATHI, S/O. HANUMAPPA, AGED ABOUT 60 YEARS, OCC CULTIVATION, R/O. D.NO. 4-146-1, PILLAGOVULAVARI PALLI, THARIGONDA VILLAGE, GURRAMKONDA MANDAL ANNAMAYYA DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE DISTRICT PANCHAYAT OFFICER, ANNAMAYYA DISTRICT, RAYACHOTY.

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THE MANDAL PARISHAD DEVELOPMENT OFFICER, GURRAMKONDA MANDAL, ANNAMAYYA DISTRICT.

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THE TAHSILDAR, GURRAMKONDA MANDAL, ANNAMAYYA DISTRICT.

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THE THARIGONDA GRAMA PANCHAYATH, REP. BY ITS

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2

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PANCHAYATH SECRETARY, THARIGONDA VILLAGE, GURRAMKONDA MANDAL, ANNAMAYYA DISTRICT.

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MULLA MAHABOOB KHAN, S/O. SAYYAD KHAN, AGED ABOUT 45 YEARS, OCC CULTIVATION, R/O. THARIGONDA VILLAGE AND POST, GURRAMKONDA MNDAL, ANNAMAYYA DISTRICT.

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...RESPONDENT(S):

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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 direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 2 to 5 are not preventing the illegal/unauthorized construction of the 6TH respondent by encroaching land 20 X 15 feet (part of road) situated in Sy No. 791 in Tharigonda Village, Gurramkonda Mandal, Annamayya District as illegal, arbitrary and also violative of Articles 14 and 21 of Constitution of India and contrary to the G.O.Ms.No.188 Panchayat Raj AND Rural Development Department, dated 21.07.201 land consequently to direct the respondent No. 2 to 5 to remove the unauthorized construction of the 6TH respondent by encroaching land 20 X 15 feet (part of road)situated in Sy No. 791 in Tharigonda Village, Gurramkonda Mandal, Annamayya District and pass

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IA NO: 1 OF 2025

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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 respondent No. 2 to 5 to stop unauthorized construction of the 6TH respondent by encroaching land 20 X 15 feet (part of road) in Sy No. 791 in Tharigonda Village, Gurramkonda Mandal, Annamayya District forthwith by considering representation dated 17.11.2025, pending disposal of the writ petition, and pass

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Counsel for the Petitioner:

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1.K NARSI REDDY

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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The Court made the following Order:

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To d eclare the action of respondents Nos.2 to 5 in not preventing the unauthorized construction being carried out by the 6^th respondent, encroaching upon a part of the Road situated in Sy.No.791 of Tharigonda Village, Gurramkonda Mandal, Annamayya District, as illegal and arbitrary, the present petition is filed.

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Heard Sri K. Diwakar, learned counsel representing Sri K. Narsi Reddy, learned counsel for the petitioner, Sri M. Sudheer, learned Standing Counsel for the Gram Panchayat, Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri M. Chandra Shekar, learned Assistant Government Pleader for Revenue.

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Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that when the unofficial respondent No. 6 is making certain unauthorized constructions by occupying a part of the road situated in Sy.No.791 of the said village, the said issue was brought to the notice of the authorities

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concerned through a letter dated 17.11.2025, however, no action has been initiated. He further submitted that it would suffice for the time being if a direction is given to the authorities concerned to consider the grievance of the petitioner and take appropriate steps in accordance with law. As such, prayed to pass appropriate orders protecting the interest of the petitioner.

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Learned Standing Counsel, on instructions, contended that not only respondent No.6 is an encroacher, but the petitioner has also encroached upon the public road. In fact, the villagers have given a complaint requesting the authorities to identify the extent of encroachments made by both the petitioner and respondent No.6. He further contended that when the authorities attempted to conduct a survey, the petitioner did not cooperate and thereby obstructed the survey. Unless and until a survey is conducted and the extent of encroachments are identified, the authorities cannot take any steps for removing the encroachments by following due process of law. As such, prayed to dismiss the writ petition.

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Perused the record and considered the submissions made

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by the respective parties.

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As could be culled out from the facts and circumstances, not only respondent No.6 is an encroacher, but the petitioner also encroached upon the public road. By virtue of Section 53 of the A.P. Panchayat Raj Act, 1995, read with G.O.Ms.No.188, dated 21.07.2011, all the roads in the village fall within the jurisdiction of the Gram Panchayat except National Highways, State Highways and Roads vesting in Zilla Praja Parishad or Mandal Praja Parishad and a statutory duty cast upon the Gram Panchayat to protect the same and to remove the encroachments, if any.

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A perusal of the written instructions from the Tarigonda Panchayat Secretary would go to show that both the petitioner and respondent No.6 do not possess any possession certificate in respect of the subject land; however, they are stated to be in possession of the subject land for a long period. It was further stated that the Gram Panchayat intends to conduct a survey and identify the encroachments, if any, and would also intend to take appropriate steps to remove such encroachments by following due process of law.

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This Court is not inclined to go into the aspect as to whether the petitioner or respondent No.6 are encroachers or not and is for the respondent authorities concerned to decide the said issue in accordance with law. As such, this Court, without going into the merits and demerits of the case, is inclined to dispose of the writ petition by passing the following order:

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(i) Respondent No.4-Tahsildar is directed to conduct a survey of the subject land by issuing proper notices to all the alleged encroachers, including the petitioner and respondent No.6, and to identify whether any encroachments exist. Thereafter, the survey report shall be communicated to the 5^th respondent-Gram Panchayat.

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(ii) Upon receipt of such survey report, if it is found that there are encroachments on the public road, the Gram Panchayat shall issue notices to all the encroachers, including the petitioner and respondent No.6, granting sufficient time to submit their explanations, and pass a reasoned order thereon in accordance with law, after providing an opportunity of being heard and communicate the same to the parties concerned and to take steps accordingly.

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(iii) If no encroachments are found as alleged by the

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petitioner, the same shall also be informed to the petitioner in writing.

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