IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI.^J*^'^^ (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos: 11326 AND 11353 OF 2025 WRIT PETITION NO: 11326 OF 2025 Between: Kristam Srinivasulu, S/o. Pullaiah. Aged about 55 years, Occ; Business R/o.Ramnagar Street, Podalakur Village, Podaalakur Mandal, SPSR Nellore District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat raj Department Secretariat, Velagapudi, Amaravathi, Guntur District., A.P. 2. The District Collector, Nellore SPSR Nellore District, A.P. 3. The Mandal Parishad Development Officer, Podalakr Mandal SPSR Nellore District, A.P. 4. The Panchayat Secretary , Podalakur Gram Panchayat, Podalakur Mandal, Spsr Nellore 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 or order or direction more particularly a Writ of Mandamus to declare action of the 4**^ Respondent in initiating proceedings dated. 22.04.2025, whereby and where under the coercive measures such as demolition have been effected in House Assessment No.1680 on the land admeasuring 0.04cents in Survey No.502/A/1 situated at Podalakur Village, Podalakur Mandal, SPSR Nellore District and do declare the impugned proceedings issued by the 4**^ respondent is illegal, arbitrary. violation of Principles of natural justice and violation of the Articie-14,21 of the Constitution of India and consequently set aside the impugned proceedings dated. 22.04.2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned proceedings dated.22.04.2025 issued by the 4^^ respondent herein, pending the above writ petition. Counsel for the Petitioner : SRI AKKEM SRIHARIVIRAT Counsel for the Respondent Nos.1 & 2 : SRI PANKU RAJESH, ASST.GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.3 & 4 : SRI P.A.K. YADAV, FOR SRI M. SUDHIR, SC FOR GRAM PANCHAYAT WRIT PETITIONNO: 11353 OF 2025 Between ; Shaik Khadar Basha, S/o. Shaik Masthan Saheb , Aged about 50 years, Occ: Business, R/o. D.No.6/51A,Thogata Street, Podalakur Village, Podaalakur Mandal, SPSR Nellore District, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat raj Department Secretariat, Velagapudi, Amaravathi, Guntur District., A.P. 2. The District Collector, Nellore SPSR Nellore District, A.P. 3. The Mandal Parishad Development Officer, Podalakr Mandal, SPSR Nellore District, A.P. 4. The Panchayat Secretary, Podalakur Gram Panchayat, Podalakur Mandal, SPSR Nellore 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 or order or direction more particularly a Writ of Mandamus to declare action of the 4*'^ Respondent in initiating proceedings dated. 22.04.2025, whereby and where under the coercive measures such as demolition have been effected in House No.6/100 on the land admeasuring 0.04cents in Survey No.502/A/I situated at Podalakur Village, Podalakur Mandal, SPSR Nellore District and do declare the impugned proceedings issued by the 4‘^ respondent is illegal, arbitrary, violative of Principles of natural justice and violation of the Article-14,21 of the Constitution of India and consequently set aside the impugned proceedings dated. 22.04.2025. 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 proceedings dated. 22.04.2025 issued by the 4*'' respondent herein, pending the above Writ petition. Counsel for the Petitioner : SRI AKKEM SRIHARIVIRAT Counsel for the Respondent Nos.1 & 2 : SRI PANKU RAJESH, ASST.GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.3 & 4 : SRI P.A.K. YADAV, FOR SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following: COMMON ORDER 1 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 11326 & 11353 of 2025 COMMON ORAL ORDER: Heard Sri Akkem Srihari Virat, learned Counsel for the Writ Petitioners, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri P.A.K Yadav, learned Counsel appearing on behalf of Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat. 2. The Impugned Notices in both the Writ Petitions dated 22.04.2025 are issued by the Panchayat Secretary of Podalakur Gram Panchayat (Respondent No.4) dated 22.04.2025 (Ex.P.1 in both the Writ Petitions). Learned Counsel for the Writ Petitioners would submit that the Impugned Proceedings, though shown under the nomenclature of a Notice, are essentially the final orders passed behind the back of the Writ Petitioners and without adhering to the principles of nature justice. 3. 4. Learned Counsel for the Writ Petitioners would submit that no advance Notice has been issued to the Writ Petitioners indicating the precise encroachment. Since no advance Notice was issued, the Writ Petitioners did not have an opportunity to submit any kind of explanation. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the various Sale Deeds and submitted that the Writ Petitioners have valid and legal title by virtue of Registered Sale Deed. 5. 6. This Court has perused the Impugned Proceedings issued by the Panchayat Secretary of Podalakur Gram Panchayat (Respondent No.4) dated 22.04.2025 (Ex.P.1 in both the Writ Petitions). This Court has noticed that the Impugned Proceedings are styled under the nomenclature of a Notice, but are essentially a final Order, inasmuch as the 7. •N 2 Respondent Authorities have given findings that the Writ Petitioners have encroached the land belonging to the Zilla Praja Parishad Girls High School and the Petitioners were asked to vacate the subject premises within seven days. This indicates that there was no prior Show-cause Notice issued to the Writ Petitioners, thereby requiring the Writ Petitioners to submit any explanation. In this view of the matter, this Court is of the opinion that the Writ Petitioners were never given an opportunity to explain their case before the Official Respondents. In the above prem.ise, this Court is of the opinion that the Impugned Proceedings issued by the Panchayat Secretary of Podalakur Gram Panchayat (Respondent No.4) dated 22.04.2025 (Ex.P.1 in both the Writ Petitions), which are in the nature of a final Order, do not stand to the test under the principles of natural justice. Accordingly, the said Proceedings bearing ROC.No.15 of 2025 dated 22.04.2025 (Ex.P.1 in both the Writ Petitions) are set aside as being violative of the principles of natural justice. However, the Official Respondents are at liberty to initiate fresh Proceedings, if so advised, by following the due process of law. With these observations and directions, both the Writ Petitions stands allowed. No order as to costs. 8. 9. 10. 11. 12. 13. Interlocutory Applications, if any, stand closed in terms of this order. 14. SD/- K SRINIVASA RAJU assistant R^ISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary, Panchayat raj Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District., A.P. 2. The District Collector, Nellore SPSR Nellore District, A.P. rv. 3. The Mandal Parishad Development Officer, Podalakr Mandal, SPSR Nellore District, A.P. 4. The Panchayat Secretary, Podalakur Gram Panchayat, Podalakur Mandal, Spsr Nellore District. 5. One CC to Sri Akkem Sriharivirat, Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri M. Sudhir, SC for Gram Panchayat (OPUC) 8. Three C.D. Copies. Cnr w y ^ HIGH COURT DATED:30/04/2025 COMMON ORDER WP.Nos.11326 and 11353 of 2025 ‘of AND/Ji ^ . Current ALLOWING THE W.Ps WITHOUT COSTS