Swarna Sambaiah Vs The State of Andhra Pradesh

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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of respondent no 2 to 4 in not considering the representation dt. 13.10.2025 for taking action against 5th respondent for encroaching of Road margin Gram Kantam land and also parking tractor, placing stones and planting trees in front of Petitioners house

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which causes grievous inconvenience of ingress and aggress is illegal, arbitrary and violation of principals of natural justice and to 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 to direct the 4th respondent to take action against 5th respondent for removal of encroachments and parking of vehicles in front of Petitioner’s house by considering the representation dt. 13.10.2025 pending disposal of writ petition in the interests of justice.

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Counsel for the Petitioner:

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1.G V S MEHAR KUMAR

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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:

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ORDER:

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Declaring the action of respondent Nos.2 to 4 in not considering the representation dated 13.10.2025 for taking action against 5^th respondent for encroaching of road margin Gram Kantam land and also parking tractor placing stones and planting trees in front of petitioner’s house, which causes grievous inconvenience of ingress and aggress as illegal and arbitrary, the present writ petition is filed.

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Heard Sri G.V.S.Mehar Kumar, learned counsel for the petitioner, Sri M. Sudhir, learned Standing counsel for Gram Panchayat for the respondents.

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Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that the 5^th respondent occupied the road margin and made certain constructions in front of the petitioner’s house. A representation has been made to the Gram Panchayat in that regard. Though a duty casts upon the Gram Panchayat, they did not take any steps. It would suffice for the time being, if a direction is given to the Gram Panchayat to take steps in accordance with law.

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On the other hand, Sri M. Sudhir, learned Standing counsel, on instructions of Panchayat Secretary, Suravarapupalli Gram Panchayat, submitted that a notice has been issued to petitioner and the unofficial respondent in order to know the extent of encroachment. Pursuant to which, the petitioner submitted his explanation and the Gram Panchayat is taking steps in that regard and accordingly, prayed to dispose of the Writ Petition.

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Perused the record and considered the submissions.

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As rightly contended by the learned counsel for the petitioner, it is a statutory duty casts upon the Gram Panchayat to remove the encroachments in the road margin by virtue of Sections 53 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994.

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The written instructions would go to show that a notice has been issued and explanation has been submitted by the petitioner. Surprisingly, in the very same written instructions, it was categorically stated that a request was made to Tahsildar to conduct survey, submit a report and take steps. Without identifying the encroachment and conducting survey, it is not known how a notice is issued. Therefore, it can be presumed that, conducting enquiry by the Gram Panchayat is an eye wash. However, the authorities have an intention to take steps in accordance with law. As such, there is no purpose in keeping the writ petition pending. Further, no positive orders are being passed effecting the rights of the unofficial respondent. Ordering notice and inviting counter does not arise.

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Taking their submissions into consideration, this Court is inclined to dispose of the writ petition by passing the following order:

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“Respondent/Gram Panchayat shall look into the representation dated 13.10.2025 made by the petitioner and ensure that a survey is conducted to identify whether the encroachments are there or not. If encroachments are found place, as alleged by the petitioner, notices shall be issued to the 5^th respondent and to the other encroachers, if any, by giving sufficient time for submitting explanation and pass a reasoned order by providing an opportunity

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of being heard. Such exercise shall be completed within a period of three (03)

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months from the date of receipt of a copy of this order.”

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