NANDURI SWAMY v. THE STATE OF ANDHRA PRADESH

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 Respondents Nos. 3 to 10 to immediately remove the said encroachments and complete the construction of the drainage system for the benefit of the residents and pending disposal of the above writ petition and Counsel for the Petitioner(S):

1. NANDURI SRINIVAS Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR HOME

3. GP FOR REVENUE

4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORDER: Declaring the inaction of respondent Nos.3 to 10 in not taking steps to remove the encroachments made by encroachers over the Gram Panchayat land and in not facilitating the construction of drainage channels in SC Colony, Vykuntapuram Village, Amaravathi Mandal, Palanadu District, as illegal, arbitrary, the present writ petition is filed.

2. Heard Sri N.Srinivas, learned counsel the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Satya Narayana, learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Home for the respondents.

3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that certain encroachments took place in Gram Panchayat land obstructing the drainage work and carrying out business activities thereon. Petitioner made representation dated 23.03.2023 to respondent authorities requesting to take immediate action to remove encroachments and ensure completion of drainage construction and as no action has been initiated by the respondents, having no other go, petitioner filed the present writ petition. He further contended that the Gram Panchayat failed to do its statutory duty by virtue of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994. It would suffice for the time being if a direction is given to the respondents to take action on the representation made by the petitioner in accordance with law.

4. On the other hand, learned counsel appearing for the respondents submitted that the respondents would take steps in accordance with law and prayed to pass appropriate orders.

5. Taking the submissions of the learned counsel for both the parties into consideration, as the authorities have an intention to take steps in accordance with law, there is no purpose in keeping the writ petition pending inviting counter, as such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authority concerned is directed to act upon the representation dated 23.03.2023 in accordance with law by giving proper notice to all the encroachers by giving reasonable time for them to submit explanation and opportunity of being heard if required. If any encroachments are on ground as alleged by the petitioner, the respondents shall take steps on the same within a period of three months from the date of receipt of a copy of this order. Insofar as drainage is concerned, the authority shall take appropriate decision as expeditiously as possible.”

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. Date: 31st October, 2025 RKS _____________________________ JUSTICE RAVI CHEEMALAPATI