APHC010605142023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY,THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31576/2023 Between:

1. B ALE VENKATA SRINIVASA RAO, , S/O. RAJA MOHANA RAO AGED

40 YEARS, R/O. 15-69-1, M.M.PURAM, H/O. PULLA BHIMADOLE MANDAL, ELURU DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, 2. T HE DISTRICT COLLECTOR, ELURU ELURU DISTRICT

3. T HE PULLA GRAMA PANCHAYAT, REP BY ITS SECRETARY, PULLA, BHIMADOLE MANDAL, ELURU DISTRICT.

4. B ALE VENKATA RAMA RAO, , S/O. LATE. SUBBA RAO AGED 62 YEARS, R/O. 15-143, M.M.PURAM, H/O. PULLA, BHIMADOLE, MANDAL, ELURU DISTRICT.

...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 an appropriate writ or order or a direction more particularly one in the nature of WRIT of MANDAMUS declaring the action of the respondents more particularly the 3rd respondent not removing the illegal encroachments and structures raised by the 4th respondent in an extent of Acs.0.03 cents in S.NO.761 of M.M. Puram H/o. Pulla which is the road margin and public property, which is illegal, irregular and violative of Articles 14 and 21 of the Constitution of India and violative of section 53 of Panchayatiraj Act, rules framed there under and also violative of Principles of natural justice, consequently direct the 4th respondent to remove the encroachments and structures raised by the 4th respondent in an extent of Acs,0.03 cents in S.N0.761 of M.M. Puram H/o. Pulla and pass s IA NO: 1 OF 2023 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 4* respondent to remove the illegal encroachments and structures raised by the 4**^ respondent in an extent of Acs.0.03 cents in S.N0.761 of M.M. Puram H/o. Pulla which is the road margin and public property and pass Counsel for the Petitioner:

1. J VENKATA RAMANA Counsel for the Respondent(S):

1. A S NARAYANA

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)

The Court made the following:

ORDER

The present writ petition is filed to declare the action of the 3^rd respondent in not removing the encroachments and structures raised by the 4^th respondent in an extent of Ac.0.03 cents in Sy.No.761 of M.M.Puram, which is road margin and public property.

2. Heard Sri J.Venkata Ramana, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat appearing for the respondents.

3. While reiterating the contents of the affidavit, learned counsel for the petitioner submitted that despite bringing to the notice of the authorities concerned about encroachment made by the 4^th respondent on the public road margin (subject property), no action has been initiated. However, the authorities are stating that a suit is pending before the competent Civil Court vide O.S.No.79 of 2021. The reason stated for not removing the encroachments is that the suit is pending before the competent civil Court on the file of Junior Civil Judge, Bhimadole. In fact, the suit schedule property is different and the writ schedule property is different. In such circumstances, the respondent–Gram Panchayat cannot take shelter of pendency of the suit and refrain from removing the encroachment. It would suffice if a direction is issued to the authorities concerned i.e., Gram Panchayat, to take steps for removal of the encroachments on the road margin in accordance with law in a time-bound manner.

4. On the other hand, the Gram Panchayat, in its counter submitted that the subject land in Sy.No.761 is not a road margin, it