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2025 DAILYLAW 11424 (AP)

VANTAKU NAIDU v. THE GONDUPALEM GRAM PANCHAYAT

WP/6683/2025 · 2025-03-13

Sumathi Jagadam

body2025

Judgment text

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% IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6683 OF 2025 Between: Vantaku Naidu, S/o.Appala Naidu, Aged about 51 years, Occ: Agriculture, R/o.H.No.3-13, Gondupalem Village, K.Kotapadu Mandal, Anakapally District. ...Petitioner AND 1. The Gondupalem Gram Panchayat, Gondupalem Village, K.Kotapadu Mandal, Anakapally District Rep by its Panchayat Secretary. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department Secretariat, Velagapudi, Amaravathi, Guntur District. ...Respondents 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 to declare the action of the Respondent No.1 in issuing the impugned Notice in Rc.No 2/2025 dated 12-03-2025 directing the Petitioner to remove the constructionsof Car shed within a period of 3 days from the date of receipt of the notice without issuing any prior any notice and without giving opportunity of personal hearing as arbitrary. m w w illegal and violation of Article 14, 19, 21 and 300-A of the Constitution of India and Consequently set aside the impugned Notice in Rc.No 2/2025* dated 12-03-2025 issued by the 1®‘ Respondent in the interest of justice. lA 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 suspend the impugned Notice in Rc. No:2/2025 dated 12.03.2025 issued by the 1®‘ respondent pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI. P NAGENDRA REDDY Counsel for the Respondent No. 1: SRI Y KOTESWARA RAO SC FOR ZPP, MPP AND GP Counsel for the Respondent No.2: GP FOR PANCHYAT RAJ AND RURAL DEVELOPEMTN DEPARTMENT The Court made the following order: w APHC010131302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6683/2025 Between: Vantaku Naidu ...PETITIONER AND The Gondupalem Gram Panchayat and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.P NAGENDRA REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2. This Court made the following: 2 JS,J , W.P. No.6683 of 2025 ORDER: This writ petition is filed for the following relief: to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declare the action of the issuing the impugned notice in Rc.No.2/2025 dated 12.03.2025 directing the petitioner to remove the constructions of car shed within a period of three days from the date of receipt of the notice without issuing any prior notice and without giving opportunity of personal hearing as arbitrary, illegal and violation of Articles 14, 19, 21 and 300- A of the Constitution of India and consequently set aside the impugned notice in Rc.No.2/2025 dated 12.03.2025 issued by the 1 respondent in the interest of justice.” 2. Heard both sides. 3. During the course of hearing, learned standing counsel for the 1 respondent-Grampanchayat, submits that the impugned notice issued the 1®' respondent may be treated by as a show cause notice and the petitioner may be directed to submit his explanation to the same. 4. Considering the submission of the learned standing counsel for the 1"' respondent, the Writ Petition is disposed of. directing the petitioner to submit his explanation within two (2) weeks by treating the impugned proceeding as show cause notice. On receipt of such explanation, the 1®' respondent shall consider and pass appropriate orders thereon by giving an opportunity of hearing, within a period of two (2) weeks thereafter. Till 3 JS,J W.P. No.6683 of2025 such time, the respondents are directed not to take any coercive steps against the petitioner. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. Sd/- N NAGAMMA assistant registrar //TRUE COPY// sEct6n officer To, 1. The Panchayat Secretary, Gondupalem Gram Panchayat, Gondupalem Village, K.Kotapadu Mandal, Anakapally District.. 2. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj Department Secretariat, Velagapudi, Amaravathi, Guntur District. 3. One CC to Sri. P Nagendra Reddy Advocate [OPUC] 4. One CC to Sri. Y Koteswara Rao SC for ZPP, MPP & GP[OPUC] 5. Two CCs to GP for Panchyat Raj and Rural Development, High Court Of Andhra Pradesh. [OUT] 6. Three CD Copies GSC 4 HIGH COURT DATED:13/03/2025 ORDER WP.No.6683 of 2025 = 2 "I MAR 2025 o^ . Current ejection 09 DISPOSING OF THE WP WITHOUT COSTS