APHC010180472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0® 0^ WEDNESDAY, THE SIXTEENTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9209 OF Between: Sriku Reddy Karunakar Reddy, S/o. Venkata Subbareddy, Punjulumpadu Village, Aged about 44 Panchayati, State of Andhra Pradesh. years. Punjulumpadu Venkatachalam Mandal, SPSR Nellore District, Gram ...Petitioner, AND 1. The State of Andhra Pradesh, Panchayat Raj Department, Principal Secretary, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, SPSR Nellore District, State of Andhra 3. The Revenue Divisional Officer, Nellore Nellore District, State of Andhra Pradesh. 4. The Tahsildar, Venkatachalam Mandal, Venkatachalam District, 5. Punjulumpadu Gram Panchayat, Rep by its Panchayat Secretary, Punjulurupadu, Venkatachalam Mandal Rep by its Amaravati, Pradesh. Revenue Division, SPSR SPSR Nellore ...Respondents India praying that in the the High Court may be or direction more particularly one in the nature Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith, pleased to issue a Writ, Order of WRIT OF MANDAMUS declaring the notice vide proceedings in Rc.No.03/2024, dated 27-03-2025, issued by the 5th Respondent insisting the Petitioner to vacate the alleged encroachment in 2 cents of Donka Poramboke land in Sy.No.138 of Punjulurupadu Village, Venkatachalam Mandal, SPSR Nellore District, within three (3) days from the date of receipt of said notice as illegal, arbitrary, violative of principles of natural Justice and also contrary to the directions issued by this Hon’ble Court in W.P.No.20893 of 2024 dated 20-09-2024, besides violative of the property rights guaranteed under Article 300-A of Constitution of India and consequently set-aside the notice vide proceedings in Rc.No.03/2024, dated 27-03-2025 issued by the 5th Respondent. 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 notice vide proceedings in Rc.No.03/2024, dated 27-03-2025, issued by the 5th Respondent District, pending disposal of the main Writ Petition. . Counsel for the Petitioner: M/S. K KOUTILYA . Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE - Counsel for the Respondent No.5: SRI MATTEGUNTA SUDHIR, STANDING COUNSEL FOR Z.P.PS, M.P.PS, GRAM PANCHAYATS The Court made the following order: APHC010180472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9209/2025 Between; 1.SRIKU REDDY SUBBAREDDY, VILLAGE, KARUNAKAR REDDY, S/0. VENKATA AGED ABOUT 44 YEARS, PUNJULUMPADU PUNJULUMPADU GRAM PANCHAYATI, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT, STATE OF ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, STATE OF ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, NELLORE REVENUE DIVISION, SPSR NELLORE DISTRICT, STATE OF ANDHRA PRADESH. PANCHAYAT RAJ REP BY ITS PRINCIPAL SECRETARY, 2 ir 4.THE TAHSILDAR, VENKATACHALAM MANDAL, VENKATACHALAM, SPSR NELLORE DISTRICT, 5.PUNJULURUPADU GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, PUNJULURUPADU, VENKATACHALAM MANDAL, ...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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the notice vide proceedings in Rc.No.03/2024, dated 27-03- Respondent insisting the Petitioner to vacate the alleged encroachment in 2 cents of Donka Poramboke land in Sy.No.l38 of Punjulurupadu Village, Venkatachalam Mandal, SPSR Nellore District, within three (3) days from the date of receipt of said notice as illegal, arbitrary, violative of principles of natural Justice and also contrary to the directions issued by this Hon ble Court in W.P.No.20893 of 2024 dated 20-09-2024, besides violative of the property rights guaranteed under Article 300-A of Constitution of India and consequently set-aside the notice vide proceedings in Rc.No.03/2024, dated 27-03-2025 issued by the 5th Respondent and pass such lA NO: 1 OF 2025 2025, issued by the 5th 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 be pleased to suspend the notice vide proceedings in Rc.No.03/2024, may dated 27-03-2025, issued by the 5* Respondent District, pending disposal of the main Writ Petition, and pass such Counsel for the Petitioner: 1.KKOUTILYA Counsel for the Respondent(S): 3 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9209/2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “ may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the notice vide proceedings in Rc.No.03/2024, dated 27-03-2025 issued by the 5^^ Respondent insisting the Petitioner to vacate the alleged encroachment in 2 cents of Donka Poramboke land in Sy.No.l38 of Punjulurupadu Village, Venkatachalam Mandal, SPSR Nellore District, within three (3) days from the date of receipt of said notice as illegal, arbitrary, violative of principles of natural Justice and also contrary to the directions issued by this Hon’ble Court in W.P. No. 20893 of 2024 dated 20-09-2024, besides violative of the property rights guaranteed under Article 300-A of Constitution of India and consequently set-aside the notice vide proceedings in Rc.No.03/2024, dated 27-03-2025 issued by the 5‘^ Respondent and pass such ” 2. Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of Ac.5.68 cents in Sy.No.139 of Punjulurupadu Village, Punjulurupadu Gram Panchayat, Venkatachalam Mandal, SPSR Nellore District. The petitioner 5 acquired the said land through a registered sale deed dated 30.07.2022. Subsequently, a pattadar passbook was issued in respect of the subject property, and the petitioner’s name was duly recorded in the revenue records. Since the acquisition, the petitioner has been in peaceful possession of the land and has constructed two rooms thereon, which have been leased out to th the Government for operating a liquor shop. However, on 04.09.2024, the 5 respondent issued a notice to the petitioner vide Ri.K.No.1/2024 , directing the petitioner to demolish the said construction within seven (07) days on the ground that the petitioner allegedly encroached upon Ac.0.02 cents of land. The notice further warned that failure to comply would result in appropriate action being taken by the 5^'^ respondent Gram Panchayat. Aggrieved by the said notice, the petitioner filed W.P.No.20893 of 2024, wherein, this Court on 20.09.2024, disposed of the said Writ Petition. Wherein, the relevant portion is extracted hereunder: “In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation enclosing all the necessary documents in support of his claim to the above said notice of the 5‘^ respondent dated 04.09.2024 within a period of two (2) weeks from the date of receipt of this order. On receipt of the same, the 5'^ respondent shall conduct necessary enquiry pursuant to the above said notice dated 04.09.2024 strictly in accordance with law by hearing all the parties concerned including the petitioner and upon verification of the records and the subject land/ premises, appropriate decision shall be taken on its own merits as expeditiously as possible 6 preferably within a period of eight (8) weeks thereafter. For the purpose of demarcation of the said Donka Poramboke land in Sy.No.138 of the said village, if necessary, the 5^^ respondent can conduct a survey in the presence of the petitioner giving due opportunity to participate in the said survey. Basing upon the report and furnishing the copy of the same to the petitioner affording an opportunity of explanation to the petitioner, the final decision can be taken as directed above on its own merits within the above said timeframe. Pending the above said enquiry, there shall not be any coercive action and there shall not be any further encroachments or constructions in the subject land.” r 4. The learned counsel for the petitioner submits that, notwithstanding the Court’s specific direction dated 20.09.2024, which mandated respondents Nos.4 and 5 therein (who are also the respondents Nos. 4 and 5 herein) to consider the petitioner’s explanation by conducting an enquiry pursuant to the notice dated 04.09.2024, and to carry out a survey and demarcation of the Donka Poramboke situated in Sy.No.138 of the said village in the presence of the petitioner, by providing due opportunity, the respondents failed to comply the same. This Court further directed that after conducting the survey, the report should be furnished to the petitioner and provide an opportunity for submission of an explanation, before proceeding further. The respondents in violation of this Court’s Order dated 20.09.2024, have issued the impugned notice dated 27.03.2025, directing the petitioner to vacate the subject land. which is contrary to law and liable to be set aside. 7 The learned counsel for the petitioner submits that the impugned notice dated 27.03.2025 is merely a reiteration of the earlier notice dated 04.09.2024. Despite the Court's Order to conduct a survey and demarcation of the Donka Poramboke situated in Sy.No.138 of the said village in the presence of the petitioner, and to provide an opportunity for submitting an explanation based on the survey report, the respondents have failed to comply the same. In the absence of such a survey report and the denial of an opportunity to the petitioner to submit an explanation constitute a clear dereliction and is violation of this Court's Order. Consequently, the impugned notice dated 27.03.2025 is liable to be set aside. 5. 6. On the other hand, the learned Standing Counsel for the Gram Panchayat furnished a copy of written instructions issued by the 5‘^ respondent vide Rc.No.43/2025, dated 25.07.2025, directing the Station House Officer, Kothacheruvu Police Station, to provide “bandhobasthu” (police protection) for the eviction of the petitioner from the encroached land, identified as the R & B road in Kothacheruvu Gram Panchayat. Additionally, the 4^^ respondent, the Tahsildar, has addressed a letter to the Deputy Executive Engineer, R & B Kothacheruvu, vide Rc.No.10/2025, dated 25.05.2025, reporting that multiple accidents have occurred due to the petitioner’s encroachment. Consequently, the respondents have instructed the petitioner to relocate the shop and remove all encroachments. ■—i- 8 4' The learned Standing Counsel for the Gram Panchayat submits that the 4'" respondent, along with the entire survey team, conducted a comprehensive survey to identify and demarcate all encroachments. Subsequently, the Assistant Executive Engineer, R & B, Puttaparthy, addressed a letter to the Panchayat Secretary, Kothacheruvu Gram Panchayat, vide Letter NO.03062025/AEE R&B/PTP/2025-26, dated 05.06.2025, stating that a joint survey was conducted in coordination with the revenue officials, demarcating the road boundary. The survey identified 125 encroachers, including the petitioner, and requested that the encroachments be evicted in accordance with the law at the earliest, in the interest of public safety and free traffic flow. 7. r 8. Considering the submissions made by the learned counsel for both parties and upon perusal of the material available on record, as well as the written instructions furnished by respondent Nos. 4 and 5, it is noted that respondents, along with officials from the Roads and Buildings (R&B) Department, conducted a joint survey in accordance with the procedure outlined in the Andhra Pradesh Survey and Boundaries Act, 1923. The written instructions further states that the petitioner actively participated in the joint survey conducted by the 4^^ respondent and the survey team. The survey report indicates that a total of 125 individuals, including the petitioner, have encroached upon the Roads and Buildings (R & B) road extending from Kothacheruvu to Dharmavaram. as 9 9. The learned counsel for the petitioner contends that, following the joint survey, the petitioner should have been afforded an opportunity to submit objections/representations/explanations. However, the 5*^ respondent issued the notice dated 27.03.2025 directing the petitioner to vacate the encroached land without providing such an opportunity, thereby deviating from the procedure mandated by this Court through Order dated 20.09.2024. This deviation renders the notice legally unsustainable. Once this Court has directed the respondents to proceed in a specific manner, adherence to that procedure is mandatory. The respondents have partially complied with the direction to conduct a joint survey but failed to provide the petitioner with opportunity to submit objections/representations/explanations, if any, thereby contravening this Court's Order. an In light of the observations made above, the impugned notice dated 27.03.2025 is hereby set aside. The petitioner is directed to submit any objection/representation/explanation, if any, pursuant to the joint survey report of the 4*^ respondent within a period of two (02) weeks from the date of receipt of a copy of this Order. Upon receipt of the objection/representation/explanation, if any, from the petitioner, the respondent Nos.4 and 5 are directed to consider the same and 10. pass appropriate orders in accordance with the law. After such an Order, it is needless to observe that the respondents are at liberty to proceed further in 10 accordance with under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994, along with G.O.MsNo.188, dated 21.07.2011. 11. In the meanwhile, the respondents are restrained from evicting/removing the petitioner from the subject property. Accordingly, the Writ Petition is disposed of. There shall be no order as 12. to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, SPSR Nellore District, State of Andhra Pradesh. 3. The Revenue Divisional Officer, Nellore Revenue Division, SPSR Nellore District, State of Andhra Pradesh. 4. The Tahsildar, Venkatachalam Mandal, Venkatachalam, SPSR Nellore District, 5. The Panchayat Secretary, Punjulurupadu Gram Panchayat, Punjulurupadu, Venkatachalam Mandal, 6. One CC to M/s. K Koutilya, Advocate [OPUC]..- 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. One CC to Sri Mattegunta Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats Advocate [OPUC] 10. Two CD Copies TF HIGH COURT DATED:16/07/2025 ORDER WP NO. 9209 OF 2025 ^ I ? SEP 2025 Vr'&irent Sectiyx^'^ l«=» «o DISPOSING OF THE W.P., WITHOUT COSTS