• s 8 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRA^AD^ WRIT PETITION NO: 9854 OF 2025 Vv Between: Jakkamsetti Nagamani, W/o Late Sekhar, Aged about 53 years, Occ Home maker, R/o 6-67, Kalipatnam Village, Mogalturu Mandal West Godavari District ...PETITIONER AND 1. The State of Andhra Praesh , Revenue Department, Rep by its PrI. Secretary, Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, Guntur Dist. 2. District Collector, West Godavari, Bhimavaram, West Godavari District 3. Mandal Revenue Officer, Mogalturu Mandal, West Godavari District 4. Kalipatnam West Gram Panchayat, Rep by its Executive Authority-cum- Panchayat Secretary, Grama Sachivalayam, Kalipatnam Village, Mogalturu Mandal West Godavari District. 5. Assistant Executive Engineer, Roads and Buildings, Narsapuram, West Godavari 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 be pleased to issue a writ order or direction more particularly a one in the nature of WRIT OF MANDAMUS declaring the action of the 4*^ respondent in issuing the Notice dated 08.04.2025 is without jurisdiction and authority of law, is illegal, arbitrary, in violation of principles of natural justice may in violation of the Article 14 of the Constitution of India setting aside the Notice dated 08.04.2025. and consequentially to lA NO: 1 OF 7()?R Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances support of the petition, the High Court may be pleased to suspend the final Notices dated 08.04.2025 in respect of house Kalipatnam Village, Mogalturu Mandal West Godavari District pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRIMAN of the petitioner bearing Door No.6-67 Counsel for the Respondent Nos.1 to 3: SRI T. SANJEEVA RAO, AGP FOR REVENUE Counsel for the Respondent No.4: Ms. SOWMYA FOR SRI Y.KOTESWARA RAO, SC FOR ZPP, MPP & GRAM Counsel for the Respondent No.5: SRI SK. ABDUL RASHEED PANCHAYAT ,AGP FOR ROADS & BUILDINGS The Court made the following: ORDER % % APHC010196362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] WEDNESDAY ,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9854/2025 Between: 1.JAKKAMSETTI NAGAMANI, W/0 LATE SEKHAR, AGED ABOUT 53 YEARS, OCC HOME MAKER, R/0 6-67, KALIPATNAM VILLAGE, MOGALTURU MANDAL WEST GODAVARI DISTRIC ...PETITIONER AND 1.THE STATE OF AP, REVENUE DEPARTMENT, REP BY ITS PRL. PANCHAYAT RAJ AND RURAL DEVELOPMENT A.P.SECRETARIAT, VELAGAPUDI, GUNBTUR SECRETARY, DEPARTMENT, DIST., 2.DISTRICT COLLECTOR, WEST GODAVARI, BHIMAVARAM, WEST GODAVARI DISTRICT 3.MANDAL REVENUE OFFICER, MOGALTURU MANDAL, GODAVARI DISTRICT WEST 4. KALIPATNAM WEST GRAM PANCHAYAT, REP BY ITS EXECUTIVE SECRETARY. GRAMA MOGALTURU MANDAL AUTHORITY-CUM-PANCHAYAT SACHIVALAYAM, KALIPATNAM VILLAGE WEST GODAVARI DISTRICT. EXECUTIVE ENGINEER, ROADS AND BUILDINGS, 5.ASSISTANT NARSAPURAM, WEST GODAVARI DISTRICT.. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1.SRIMAN Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri Sriman, learned Counsel for the Writ Petitioner; Sri T. Sanjeeva Rao, learned Assistant Government Sowmya, learned Counsel learned Standing Counsel for ZPPs, MPPs and Gram Panchayat Abdul Rasheed, learned Assistant Government Pleader for Revenue; Ms. appearing on behalf of Sri Y. Koteswara Rao and Sri Sk. Pleader for Roads & Buildings. 2. The present VA/rit Petition is filed seeking following prayer; “ 3 order or direction more particularly a one in the nature of WRIT OF MANDAMUS declaring the action of the 4 respondent in issuing the Notice dated 08.04.2025 is without jurisdiction and authority of law, is illegal, arbitrary, in violation of principles of natural justice, in violation of the Article 14 of the Constitution of India and consequentially to setting aside the Notice dated 08.04.2025 and to pass such other order orders as this Hon’ble Court may deem fit and circumstances of the case". 3. Learned Counsel for the Writ Petitioner has this Court to the Notice issued by the Panchayat Secretary (Ex.P.1). The said Notice would indicate that the Writ Petitioner to vacate on the ground that the Writ Petitioner has certain portion of the land belonging to the Government. or proper in the drawn the attention of dated 08.04.2025 was directed illegally encroached 4. Learned Counsel for the Writ Petitioner would is couched under the nomenclature of ‘Notice Order, which has been issued against the Writ Petitioner submit that the Order whereas in effect, it is a Final to vacate the alleged encroached portion, without issuing any prior Show Cause Notice. Counsel for the Writ Petitioner would submit that Learned by virtue of the Impugned % 3 Notice, the right to submit an explanation explaining the version of the Writ Petitioner has been deprived, which is a violation of Principles of Natural Justice. 5. This Court has sifted through the contents of the Show Cause Notice dated 08.04.2025 (Ex.P.1). This Court has also noticed that there is no prior Show Cause Notice that was issued to the Writ Petitioner bringing it to her notice as regards the specific nature of illegality. It is also noticed that no time has been granted to the Writ Petitioner to explain her version/case. 6. Having perused the same, this Court is in agreement with the submissions made by the learned Counsel for the Writ Petitioner that the Impugned Proceedings though has been couched under the nomenclature of ‘Notice’ is certainly a Final Order, which has been passed without seeking any prior explanation from the Writ Petitioner. 7. This Court, under these circumstances, is of the view that the Official Respondents herein have acted in violation of Principles of Natural Justice, and therefore, the Impugned Proceedings, which is in the form of Notice is unsustainable in law, and therefore, the same is set aside. 8. The respective Counsel appearing for the Official Respondents are directed to convey the gist of this Order to the Official Respondents forthwith for effective compliance. 9. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 10.Interlocutory Applications, if any, stand closed in terms of this order. assistant registrar //TRUE COPY// SECTION OFFICER To, Department, State of Andhra Pradesh, 1. The PrI. Secretary, Revenue A.P. Secretariat, Velagapudi, Guntur Dist. 2. The Prl. Secretary, Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, Guntur Dist. y 3. District Collector, West Godavari, Bhimavaram, West Godavari District 4. The Mandal Revenue Officer, Mogalturu Mandal, West Godavari District 5. The Executive Authority-cum-Panchayat Secretary, Kalipatnam West Gram Panchayat, Grama Sachivalayam, Kalipatnam Village, Mogalturu Mandal, West Godavari District. 6. The Assistant Executive Engineer, Roads and Buildings, Narsapuram, West Godavari District. 7. One CC to Sri Sriman, Advocate [OPUC] 8. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb 1 <»* HIGH COURT DATED;16/04/2025 ORDER P -& WP.No.9854 of 2025 O g 17APR2C25 ^ Current Sectior: ALLOWING THE W.P. WITHOUT COSTS