APHC010215162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11575/2024 Between:

1. G UDDANTI SUBASHA CHANDRA BOSE, S/O.GOKARNO, AGED ABOUT 77 YEARS, OCC CULTIVATION, R/O.D.NO.2-99, SEETHARAMPETA, EPURUPALEM, CHIRALA MANDAL, BAPATIA DISTRICT.

2. G UDDANTI GOPICHAND,, S/O.RAVINDRA BABU, AGED ABOUT 46 YEARS, OCC WEAVING, R/O.40 HOUSES EPURUPALEM VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT.

...PETITIONER(S)

AND

1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR

2. DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATIA.

3. TAHSILDAR, CHIRALA MANDAL, BAPATIA DISTRICT.

4. EPURUPALEM GRAMAPANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, EPURUPALEM VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT.

5. GURRAM PARAMESWARARAO, S/O G.VENKATESWALU, AGED 43 YEARS, D.NO.9-380,EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT.

6. BALIGA KUMARI, W/O RAJARAO, AGE 62 YEARS, D.NO.9-379, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT.

7. ANGADI DEVASAHAYAM, S/O NAGAIAH, AGE 53 YEARS, D.NO.9-

376, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT.

8. KARREDDULA RUTHAMMA, W/O DURGARAO, AGE 57 YEARS, D.NO.9-372, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT.

9. DEVARA AMMAJI, W/O BABU, AGE 57 YEARS, D.NO.7-18, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT.

10. K AMPA LAKSHMI, W/O VENKATESWARLU, AGE 52 YEARS, D.NO.7-18, EPURUPALEM, CHIRALA MANDAL, PRAKASAM DISTRICT. RR 5 TO 10 ARE IMPLEADED AS PER THE COURT'S ORDER DT.08.07.2025 IN I.A.NO. 02 OF 2024.

...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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent gram panchayat in not taking action on the petitioners representation dated 08-01- 2024 for the removal of encroachments on Chirala to Bapatla road margin in Survey NO.206/2C1 of Epurupalem Village in Chirala Mandal of Bapatia District, as illegal, irregular, arbitrary and discriminatory, without any authority of law and contrary to provisions of Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 4th respondent to remove encroachments made on the Chirala to Bapatla road margin in Survey NO.206/2C1 by following the procedure as contemplated under the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and Pass IA NO: 1 OF 2024 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 gram panchayat to consider the petitioners representation dated 08-01-2024 for the removal of encroachments on Chirala to Bapatla road margin in Survey NO.206/2C1 of Epurupalem Village in Chirala Mandal of Bapatla District, pending disposal of main writ petition and pass IA NO: 2 OF 2024 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 permit the petitioners to implead as 5th to 10th respondents in the W.P. and pass IA NO: 3 OF 2024 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 modify the orders passed in I.A.No.1/2024 in W.P.No.11575/2024, dated 10-

05-2024, 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 to grant leave to the Respondent No.3 to file counter affidavit in the above writ petition and to pass