The responsibility for the prevention and removal of unauthorized constructions and encroachments on public roads within a village's jurisdiction rests with the Gram Panchayat under the Telangana Panchayat Raj Act 2018 and the AP Land Encroachment Act 1905.

ORDER

Heard Sri Krishna Kishore Kovvuri, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Roads and Buildings, appearing on behalf of respondent Nos.1 to 3, learned Assistant Government Pleader for Revenue, appearing on behalf of respondent No.4, Sri Katta Pradeep Reddy, learned Standing Counsel appearing on behalf of respondent Nos.5 and 6 and learned Assistant Government Pleader for Home, appearing on behalf of respondent No.7.

The petitioners approached the Court seeking prayer as under:

“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the official respondents in not stopping and not removing the unauthorized and illegal temple construction in the middle of the Government (Dambar road from Sulthanabad to Dulikatta) situated between the existing Yellamma Temple and Matha Temple, Muppirithota Village, Eligaid Mandal, Peddapalli District as illegal, arbitrary violative of principles of natural justice contrary to G.O.Ms.No.18, Dt 18.02.2013 and also contrary to the circular Dt 02.04.2025 issued by 4th respondent apart from being violative of Articles 14 21 and 300-A of Constitution of India and consequently direct the official respondents to remove the illegal construction of temple Government (Dambar road from Sulthanabad to Dulikatta) situated between the Yellamma Temple and Matha Temple Muppirithota Village, Eligaid Mandal, Peddapalli District and to pass”.

The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

The petitioners are owners and residents of different houses in Muppirithota Village, Eligaid Mandal, Peddapalli District. The petitioners have been residing in their respective properties by paying necessary taxes. There exist 200-year-old Yellamma and Matha Temples situated opposite each other on either side of the Government Dambar road from Sulthanabad to Dulikatta. In the third week of April 2026, the unofficial respondents allegedly commenced construction of a new Matha Temple in the middle of the existing 30-feet road with an intention to shift the temple from its original location. The road is proposed for expansion with Government funds and that the construction obstructs the existing road alignment, affecting petitioners’ houses and public movement. Representation dated 28.04.2026 was submitted to the authorities, but no action was taken on the said representation of the petitioners as on date. Hence, the present writ petition had been filed seeking removal of the alleged illegal construction and consequential directions.

PERUSED THE RECORD

DISCUSSION AND CONCLUSION

The learned counsel appearing on behalf of the petitioners mainly puts forth the following submission

(i) The unofficial respondent Nos. 8 to 11 started construction of a Mata Temple in the middle of the road leading from Sulthanabad to Dulikatta at Muppirithota Village, Eligaid Mandal, Peddapalli District, and the official respondents, with an intention to shift the said temple from its existing place to the middle of the road, are permitting the illegal construction.

(ii) The petitioners submitted a representation dated 28.04.2026 addressed to the District Panchayat Officer, Peddapalli District, requesting the authorities to stop the illegal construction of the temple on the Government Dambar road leading from Sulthanabad to Dulikatta.

(iii) Though the said representation dated 28.04.2026 was acknowledged by the office of the Panchayat Secretary of respondent No.6 Gram Panchayat and also by the office of the District Panchayat Officer, Peddapalli, no action has been initiated as on date.

The learned Assistant Government Pleader for Roads and Buildings, appearing on behalf of respondents brings on record written instructions vide Lr.No.Supdt/ AB/ Court Cases/ PDPL/ 2026-27, dated 05.05.2026 of the Executive Enginee