IN THE HIGH COURT OF ANDHRA PRADESH :: AIVIARAV (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO.. 8917 OF 2025 Between.I 1. Mohammed Khaja, S/o Shaik Abdul Azeez, Age 65 years, Resident of D. No. 5-91, Near Jenda Chettu Centre, Nuzvid Road, Mylavaram, NTR District. 2. Shaik lsmal'l, s/o Abdul Rehaman, Age 62 years. ResI'dent Of 4-49, Kummari Street, Mylavaram, NTR DistrI'Ct. 3. Shaik Karimulla, S/o Shal'k AbduI Salam, Age 49 years. Resident of 4- 57, Kummari Street, Mylavaram, NTR Dl'strict. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its PrincI'Pal Secretary, Panchayath Raj and Rural Development Department, At Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, NTR DjstrI-Ct Vijayawada. 3. The Competent Authority cum sub collector, Vijayawada. 4. The Comml-ssl-oner, Andhra Pradesh Capital Region Development Authority (APCRDA). 5. The Panchayat Secretary, village Panchayat, Mylavaram Village, NTR District. 6. The Tahsildar, Mylavaram Mandal, NTR DI-Strict. ...Respondents Petition under Article 226 of the ConstI'tutiOn Of India praying that in the circumstances stated in the aff,-davI-t filed therewith, the High Court may be pleased (i) to issue a writ or direction, more particularly one in the nature of Writ of Mandamus, declaring action of the 5th Respondent I'n issuing the impugned notice vl'de R.O.C No. 25/2024, dt. 28.03.2025, to remove construction from the petitioners subject property to an extent of Ac.0.2214 cents, situated at R.S No.126, Mylavarm Village, NTR District as arbitrary, unlawful, against the principles of natural justice and violation of Article 14, 21 300A of Constitution of India and (ii) to set aside the impugned notice R.O.C No. 25/2024, dt. 28.03.2025 and (iii) consequently, to direct the respondents not to demolish the construction, without providing hearing opportunity to the petitioners. lANO: 1 OF2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed I-n support of the petition, the High Court may be pleased to direct the 5th respondent, not to interfere with the construction in the subject property to an extent of Ac.0.22 cents, situated at R.S No.126, Mylavarm Village, NTR District; till pending disposal of the writ petition. Counsel for the Petitioners: SRI BANKA NAGESWARA RAO Counsel for the Respondent No.1 : SRI PANKU RAJESH KUMAR, AGP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondents 2, 3 & 6: SRI T.SANJEEVA RAO, AGP FOR REVENUE Counsel for the Respondent No.4: SRI V. SAI KIRAN FOR SRI Y. KOTESWARA RAO, SC for GRAM PANCHAYAT Counsel for the Respondent No.5: SRI KIRSHNA PRANEET FOR Ms. PRANATHI, SC for CRDA The Court made the following order: APHCO10173422025 :EEifi lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdict-ton) [3328] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8917/2025 Between : 1.MOHAMMED KHAJA, S/O SHAIK ABDUL AZEEZ, AGE 65 YEARS, RESIDENT OF D. NO. 5-91, NEAR JENDA CHETTU CENTRE, NUZVID ROAD, MYLAVARAM, NTR DISTRICT. T 2.SHAIK ISMAIL, S/O ABDUL REHAMAN, AGE 62 YEARS. RESIDENT OF 4-49, KUMMARI STREET, MYLAVARAM, NTR DISTRICT. 3.SHAIK KARIMULLA, S/O SHAIK ABDUL SALAM, AGE 49 YEARS. RESIDENT OF 4-57, KUMMARI STREET, MYLAVARAM, NTR DISTRIC ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT DEPARTMENT, AT SECRETARIAT, VELAGAPUDl, AMARAVATHl, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, NTR DISTRICT VIJAYAWADA. . 3.THE COMPETENT AUTHORITY GUM SUB COLLECTOR, VI JAYAWADA. 4.THE COMMISSIONER, ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY (APCRDA). 5, THE PANCHAYAT SECRETARY, VI LLAGE PANCHAYAT, MYLAVARAM VILLAGE, NTR DISTRICT. 6. THE TAHSILDAR, ++++\+ ++ + + 2 MYLAVARAM MANDAL, NTR D'STRICT 6.THE TAHSILDAR, MYLAVARAM MANDAL, NTR DISTR .,.RESPONDENT(S): Counsel for the Petitioner(S): 1. BANKA NAGESWARA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORAL ORDER: Heard Sri Banka Nageswara Rao, learned Counsel for the Writ Petitioners, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat and Sri Kirshna Praneet, learned Counsel appearing on behalf of Ms. Pranathi, learned Standing Counsel for CRDA. 2. The presentWrit Petition is filed with the following prayer: "...topleased (i) to issue a Writ or direction, more particularly one in the nature of Writ of Mandamus, declaring action of the 5th Respondent in issuing the impugned notice vide R.O.C No. 25/2024, dt. 28.O3.2025, to remove construction from the petitioners subject property to an extent of Ac.0.2217£2 Cents, situated at R.S No.126, Mylavarm Village, NTR District as arbitrary, unlawful, against the principles of natural justice and v-lolation of Article 14, 21& 30OA of Constitution of India and (ii) to set aside the impugned notice R.O.C No. 25/2024, dt. 28.03.2O25 and (iii) conseqlJently, tO direct the respondents not tO demolish the construction, without providing hearing opportunity to the petitioners and (iv) To pass. . ." 3. lt is the submission of the learned Counsel for the Writ Petitioners that the Petitioners are the owners of an extent of Ac.0.221/2 Cents in Sy.No.126, Mylavaram Village, NTR District. ++++ -I ++ae\ +++ +++ \+ J -E= 4. lt is submitted by the learned Counsel for the Writ Petitioners that the Writ Petitioners have desired to construct a building and have made an Application for conversion of land from agriculture to non-agriculture. V,'de proceedings dated 30.12.2023, the Official Respondents have granted permission for conversion of the Petitioners' land from agriculture to non- agriculture (Ex.P.5). 5. Learned Counsel for the Writ Petitioners would also submit that thereafter they made an Application for grant of permission for construction of building. He would submit that vide Proceedings dated 27.01.2025, the Competent Authority has granted permission to construct the building (Ex.Pe7). 6. Learned Counsel for the Writ Petitioner would submit that the Panchayat Secretary (Respondent No.5) has issued the main Proceedings alleging that the Writ Petitioners have encroached land in R.S.No.221/1 that belongs to tVaagu' and had started construction. The Writ Petitioners were granted three daysJ time to remove the constructions in the said area. This Proceedings (Ex.P.7) is impugned in the present Writ Petition. 7. Learned Counsel for the Writ Petitioner would submit that on the next date i.e., on 29.03.2025, the Petitioners have submitted an Explanation stating that they have commenced construction in R.S.No.126/1 and that they had not undertaken any construction either in R.S.No.221/1 or R.S.No.221/2. 8. He would submit that in the subject portion of the Impugned Notice, R.S.No.221/2 is mentioned, whereas in the body of the said Notice, RS.No.221/1 is mentioned. 9. Having regard to the above facts, this Court is of the view that the Writ Petitioners as well as the Official Respondents are required to have a Joint Survey conducted so as to ascertain the location at which the Writ Petitioners have undertaken the construction of the building v,'de building permission Order granted to them on 27.01.2025. \ •`\ > 10. In this view of the matter, there shall be a direction to the Official Respondents and the Writ Petitioners to have the Joint Survey conducted on 29-04.2025 at 10:00 a.m' ll. Sincethis Court has already fixed thetime and date of the Surveywhich is to be conducted jointly in the presence of the Writ Petitioners as well as the Official Respondents, namely Respondent No.5, it is clarified that the Tahsildar, Mylavaram (Respondent No.6), is not required to issue any advance Notice and the date and time fixed by this Court shall be treated to have been informed to the Writ Petitioners. 12. Upon conduct of the Joint Survey on 29.04.2025, the Tahsildar, Mylavaram (Respondent No.6) is directed to issue final proceedings (final report) within two weeks thereafter to all the interested parties. 13. Needless to state that the Tahsildar (Respondent No.6) is statutorily obligated to adhere to the principles of Natural Justice by considering the submissions/objections of all the parties and documents, if any, before issuing the final proceedings. 14. With these observations and directions, the Writ Petition stands disposed of at the admission stage, without going intomerit. No order as to costs- 15. There shall be a further direction to all the parties tO maintain Sfafus- qt,o obtaining as on today till such time the final proceedings are communicated by the Tahsildar to all the parties. 16. lnterlocutory Applications, if any,-stand closed in terms Of thiS Order. SD/-K SRINIVASA RAJU //TRUE COPY// ASSISTAN TRAR To, SECT]EL;: 1. The Principal Secretary, Panchayath Raj and Rural Development Department, State of Andhra Pradesh, At Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, NTR District Vijayawada. lCER HF55HBHBey 3. The Competent Authority Gum Sub Collector, Vijayawada. 4. The Commissioner, Andhra Pradesh Capital Region Development Authority (APCRDA). 5. The Panchayat Secreta District- cA7 Sff i Jy:. :..:i.:-i ±i Ilage Panchayat, Mylavaram VI'llage, NTR 6. The Tahsildar, Mylavaram MandaI, NTR District. (By RPAD) 7. One CC to Sri Banka Nageswara Rao, Advocate [OPUC] 8. One CC to Sri Y.Koteswara Rao, SC for Gram Panchayat [OPUC] 9. One CC to Ms. Pranathi, SC for CRDA [OPUC] 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] ll iouT]Two CCs to GP for Revenue, High Court of Andhra Pradesh. 12.Two CD Copies RAM HIGH COURT DATED..04/04/2025 ORDER WP.No.8917 of 2025 19 Am 2025 !j I_I !ai.\,"I" S€-a,6¢`1:!Sl i , rdF;; :l-:: , ny. r :.:P` qurf`-- +,-.*`+_-,` , ' -* DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS a I.}