IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14069 OF 2025 Between: 1. Kota Surya Rao, S/o.Pothuraju, Aged about 75 years, R/o.H.No.4-203, Main Road, Valluru Village, Kapileswarapuram Mandal, Dr.B.R.A.Konaseema District. 2. Kota Srinivasa Rao, S/o.Surya Rao, Aged about 48 years, R/o. H.No.4- Main Road, Valluru Village, Kapileswarapuram Mandal, Dr.B.R.A.Konaseema District. 203 3. Kota Nageswara Rao, S/o.Surya Rao, Aged about 45 years R/o.H.No.4-203, Main Road, Valluru Village, Kapileswarapuram Mandal, Dr.B.R.A.Konaseema District. ...PETITIONERS AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat,Velagapudi, Amaravati. 2. Valluru Gram Panchayat, Rep. by its Panchayat Secretary, Valluru Kapileswarapuram Mandal, Dr.B.R.A.Konaseema 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 one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in issuing notices dated 17-5-2025 to the Petitioners 2 and 3 and threatening the Petitioners to demolish their House bearing Door No.4-203 Village Dr.B.R.A.Konaseema District as arbitrary, illegal, unconstitutional, against to principles of natural justice and contrary to the provisions of Andhra Pradesh Panchayat Raj Act. situated at Valluru Kapileswarapuram Mandal 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 grant stay of all further proceedings pursuant to the Notices dated 17-5-2025 issued by the Respondent No.2, including demolition of the Petitioners house bearing No. 4-203 situated at Valluru Village, Kapileswarapuram Mandal, Dr.B.R.A.Konaseema District, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI. Counsel for the Petitioners: SRI. BOLLA VENKATA RAMA RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following Order: \ APHC010279092025 IN THE HIGH COURT OF ANDHRA PRADESH AT,AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY.THE TWENTYNINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14069/2025 Between: ...PETITIONER{S) Kota Surya Rao, and Others AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petltioner{S): 1 .BOLLA VENKATA RAMA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2 I* HCGRJ W.P.No.14069 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a Writ, or Order or Direction more particularly one In the nature of Writ of Mandamus declaring the action of the Respondent No. 2 in issuing notices dated 17-5-2025 to the Petitioners 2 and 3 and threatening the Petitioners to demolish their House bearing Door No. 4-203 situated at Valluru Village, Kaplleswarapuram Mandal, Dr.B.R.A.Konaseema District as arbitrary, illegal, unconstitutional against to principles of natural justice and contrary to the provisions of Andhra Pradesh Panchayat Raj Act and to pass....” 2. Heard, Sri B.V.Rama Rao, learned counsel appearing for the petitioners, learned Government Pleader for Panchayat Raj for the respondent No.1 and Sri Y.Koteswara Rao, learned Standing Counsel for the respondent No.2. The case of the petitioners is that the petitioner No.1 is said to have been issued with house site patta for an extent of Ac.0.02 cents in Sy.No.217-1 of Valluru Village, wherein the petitioners have constructed residential house and presently residing. Now the respondent No.2 has issued impugned notices even dated 17.05.2025 to the petitioner Nos.2 and 3 stating that they are in illegal occupaWon of \he land and structure and therefore called upon to submit an explanation within 2 days or otherwise the same would be removed. 3. Learned counsel for the petitioners submits that the assignment made in favour of the petitioner No.1 is still subsisting and that the petitioners have constructed residential house and living there. Therefore, they cannot be treated as the illegal occupants, at any rate granting of two (2) for submitting documents is not reasonable and at any rate the petitioners have also issued a legal notice by explaining the aforesaid factum. 4. over 3 \ HCCRJ W.P.No.l4069of2025 Learned Standing Counsel appearing for the respondent No.2 on instructions submits that the impugned notice is only a show- cause notice and once the petitioners submit the relevant documents, the respondent No.2 will consider the same and pass appropriate orders before taking any further action. 5. 6. In view of the aforesaid submissions and having regard to the fact that the petitioners have already submitted the relevant documents to the respondent No.2, it would suffice to dispose of the present writ petition at the admission stage with the consent of both the learned counsel appearing for the parties by once again allowing the petitioners to submit the relevant documents on which they lay claim within a period of two (02) weeks from today and on submission of the same, the respondent No.2 shall consider and pass appropriate speaking orders within a period of four (04) weeks thereafter strictly in accordance with law and till such exercise is completed, the respondent No.2 is directed not to take any coercive action against the petitioners’ subject property. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR d&<5FFICER //TRUE COPY// SEC To, 1. The Principal Secretary, Panchayat Raj Department, Secretariat,Velagapudi, Amaravati. 2. The Panchayat Secretary, Valluru Gram Panchayat, Valluru, Kapileswarapuram Mandal, Dr.B.R.A.Konaseema District. 3. One CC to SRI. BOLLA VENKATA RAMA RAO Advocate [OPUC] 4. Two CCs to GP for PANCHAYAT RAJ RURAL DEV ,High Court Andhra Pradesh. [OUT] 5. Three CD Copies Of vna / HIGH COURT DATED:29/05/2025 ORDER WP.No.14069 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS