APHC010240662025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 11948 OF Between: 1. TARRA KRISHNA MURTHY, S/O.LATE.NARAYUDU AGED 71 YEARS OCC AGRICULTURE H.NO. 1 BS PURAM SRIKAKULAM MANDAL AND DISTRICT. 2. . TARRA ESWARA RAO, S/O.KRISHNA MURTHY AGED 51 YEARS OCC AGRICULTURE H.NO. 1 PURAM SRIKAKULAM MANDAL AND DISTRICT. 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, DISTRICT. 2. KISTAPPAPETA GRAM PANCHAYAT, REPRESENTED BY ITS EXECUTIVE OFFICER CUM SECRETARY KISTAPPAPETA, SRIKAKULAM MANDAL AND DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT. 4. THE TAHSILDAR, SRIKA 5. THE DISTRICT COLLECTOR, SRIKAKULAM AT SRIKAKULAM, AP, 6. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11948 OF 2025 TARRA KRISHNA MURTHY, S/O.LATE.NARAYUDU AGED 71 YEARS OCC AGRICULTURE H.NO. 1-232, KRISTAPPAPETA, PO BS PURAM SRIKAKULAM MANDAL AND DISTRICT. . TARRA ESWARA RAO, S/O.KRISHNA MURTHY AGED 51 YEARS AGRICULTURE H.NO. 1-232, KRISTAPPAPETA, PO BS PURAM SRIKAKULAM MANDAL AND DISTRICT. ...PETITIONER(S) AND THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR KISTAPPAPETA GRAM PANCHAYAT, REPRESENTED BY ITS EXECUTIVE OFFICER CUM SECRETARY KISTAPPAPETA, SRIKAKULAM MANDAL AND DISTRICT. THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM, SRIKAKULAM THE TAHSILDAR, SRIKAKULAM MANDAL, SRIKAKULAM DISTRICT. THE DISTRICT COLLECTOR, SRIKAKULAM AT SRIKAKULAM, AP, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS IN THE HIGH COURT OF ANDHRA PRADESH [3328] THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA TARRA KRISHNA MURTHY, S/O.LATE.NARAYUDU AGED 71 232, KRISTAPPAPETA, PO . TARRA ESWARA RAO, S/O.KRISHNA MURTHY AGED 51 YEARS 232, KRISTAPPAPETA, PO BS ...PETITIONER(S) THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT AMARAVATHI, GUNTUR KISTAPPAPETA GRAM PANCHAYAT, REPRESENTED BY ITS EXECUTIVE OFFICER CUM SECRETARY KISTAPPAPETA, THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM, SRIKAKULAM KULAM MANDAL, SRIKAKULAM DISTRICT. THE DISTRICT COLLECTOR, SRIKAKULAM AT SRIKAKULAM, AP, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS 2 PRINCIPAL SECRETARY REVENUE DEPARTMENT, VELAGAPUDI AMARAVATI, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K B RAMANNA DORA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following ORDER: Heard Sri Challa Srinivas, Ld. Counsel appearing on behalf of Sri K.B. Ramanna Dora, Ld. Counsel for the Writ Petitioners, Sri Srinu Babu, Ld. Asst. Government Pleader for Municipal Administration and Urban Development, Sri Sai Kiran, Ld. Counsel appearing on behalf of Sri Y. Koteswara Rao, Ld. Standing Counsel for the ZPPs, MPPs and Grama Panchayat and Sri T. Sanjeeva Rao, Ld. Asst. Government Pleader for Revenue. 2. Ld. Counsel for the Writ Petitioners has taken this Court through the Impugned Notices issued by the Tahsildar dated 28.04.2025 (Ex.P.5) under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and the Notice issued by the Panchayat Secretary dated 30.04.2025 (Ex.P.6). 3. Ld. Counsel for the Writ Petitioners would submit that both the Impugned Notices are bad in law inasmuch as the Official Respondents have not adhered to the Principles of Natural Justice because they did not issue any advance Show Cause Notice requiring the Writ Petitioners to explain their case. 4. This Court has perused both the Impugned Notices dated 28.04.2025 issued by the Tahsildar, Srikakulam Mandal (Ex.P.5) and the Notice dated 30.04.2025 issued by the Panchayat Secretary, Kishtappa Peta Grama Panchayat (Ex.P.6). This Court is of the opinion that the Respondent Authorities have not issued Show Cause Notices either indicating the specific 3 charge of encroachment or that they have asked for any Explanation from the Writ Petitioners. In this view of the matter, both the Impugned Notices are vitiated for non-observance of the Principles of Natural Justice. 5. Accordingly, both the Impugned Notices issued by the Tahsildar, Srikakulam Mandal on 28.04.2025 (Ex.P.5) and the Notice issued by the Panchayat Secretary, Kishtappa Peta Grama Panchayat on 30.04.2025 (Ex.P.6) are set aside. However, the Respondent Authorities are at liberty to initiate fresh Proceedings by following the due process of law which includes adherence of Principles of Natural Justice for initiating any fresh Proceedings, if so advised. 6. With these observations and directions, this Writ Petition stands allowed to the extent indicated above. It is clarified that this Court has not expressed anything on merit. No order as to costs. 7. Sri Sai Kiran, Ld. Counsel and Sri T. Sanjeeva Rao, Ld. Asst. Government Pleader are directed to convey the gist of this Order to the respective Respondents forthwith, for effective compliance. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 02.05.2025 Note: Issue CC by 05.05.2025. B/o. MNR 4 75 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.11948 OF 2025 Date: 02.05.2025 Note: Issue CC by 05.05.2025. B/o. MNR