IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) V. THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE 1 - J - ■/ PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCH^HP - ^ V'. WRIT PETITION NO: 14247 OF 2025 Between: 1 Challa Srinivas, S/o Gangadhar Rao, Aged about 43 years Occ Hawker, R/o D.no.3-145, Subbaraju cheruvu gattu Moghallu, Palakoderu Mandal, West Godavari district 2. Tota peddiraju, S/o. Satyanarayana, Aged about 40 years Occ Hawker, R/o D.no.3-210, Subbaraju cheruvu gattu Moghallu, Palakoderu Mandal, West Godavari district 3. Pasupuleti Jyothi, W/o ramesh. Aged about 24 years Occ House wife, R/o D.no.3-142, Subbaraju cheruvu gattu Moghallu, Palakoderu Mandal, West Godavari district 4. Eedepalli Talli, W/o. Peddiraju, Aged about 64 years Occ house wife, R/o D.no.3-141, Subbaraju cheruvu gattu Moghallu, Palakoderu Mandal, West Godavari district 5. Pasupuleti Nagaraju, $/o Rama Rao Aged about 44 years, Occ Hawker R/o D.no.3-140, Subbaraju cheruvu gattu Moghallu, Palakoderu Mandal, West Godavari district 6. Chebolu Venkateswara Rao, S/o Dhana rao Aged about 32 years, Occ Hawker R/o D.no.6-142, Subbaraju cheruvu gattu Moghallu, Palakoderu mandal, West Godavari district 7. T.Tota Ramesh, S/o Satyanarayana Aged about 41 years, Occ Hawker R/o D.no.3-135, Subbaraju cheruvu gattu Moghallu, Palakoderu Mandal, West Godavari district 8. Nimmala Ganga raju, , S/o Venkata Subbarao Aged about 41 years, Occ Hawker, R/o D.no.3-134, Subbaraju cheruvu gattu Moghallu’ Palakoderu Mandal, West Godavari district 9. Akula Satyanarayana, S/o venkata rao Aged about 59 years, Occ Hawker R/o D.no.3-204, Subbaraju cheruvu gattu Moghallu, Palakoderu Mandal, West Godavari district ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Amaravati, Andhra Pradesh. 2. The District Collector, West Godavari District, Eluru, Andhra Pradesh. 3. The Gram Panchayat, Mogallu, Represented by its Secretary, Mogallu Village, Palakoderu Mandal, West Godavari District, Andhra Pradesh. ...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 any appropriate writ, order, or direction more particularly in the nature of Writ of Mandamus questioning the action of the 3rd respondent in issuing the notice dated 30-05-2025 directing the petitioners to vacate their houses situated at Subbaraju water tank in Mogallu Village, Palakoderu Mandal, W.G. District, within 15 days, is illegal, unjust, arbitrary, unwarranted, violative of Principles of Natural Justice, apart from violation of Articles 3,11(1), 13(1), 14, 19(1) ( e), 21, 38, 39(b) and 46 of Constitution of India, and quash the notice dated 30.05.2025 issued by the Mogallu Gram Panchayat, i.e. 3rd respondent by restrain the respondents from demolishing our residences or taking coercive action without due process as contemplated the Judgments of G. Kanthayya v. District Collector, Warangal, and Apex court judgment in Olga Tellis, consequently to Direct the respondents to conduct a detailed survey of the alleged encroachments. verify our tax and bill payments, consider our applications for pattas, provide us a hearing, and offer rehabilitation or alternative housing per the LARR Act, 2013, balancing public interest'with our rights, as upheld by the Apex Court in Sudama Singh and Chameli Singh, Judgments 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 an interim stay on the operation of the notice dated 30.05.2025 issued by the 3rd respondent, by directing the respondents not to take any demolition of the petitioners houses situated at Subbaraju water tank in Mogallu Village, Palakoderu Mandal, W.G. District, pending disposal of the above writ petition Counsel for the Petitioners: SRI JAMI MADHAVI Counsel for the Respondents No.1, 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: SRI YARRAGUNTLA KOTESWARA RAO The Court made the following: Order % APHC010282242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] f THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14247/2025 Between: Challa Srinivas and Others ...PETITIONER{S) AND The State Of Ap and Others Counsel for the Petitioner(S): 1.JAMI MADHAVI ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following Order: Heard learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj appearing for the respondents 1 & 2 rd and also learned Standing Counsel for Gram Panchayat appearing for the 3 respondent. With their consent, the matter is being disposed of at the stage of admission. Aggrieved by the action of the 3^^ respondent in issuing Notices dated 2. 30.05.2025 to vacate their houses situated at Subbaraju Water Tank in 2 MRK,J W.P.No.l4247of2025 ^ Mogallu Village, Palakoderu Mandal, West Godavari District, the present writ petition is filed, by the petitioners. Learned counsel for the petitioners asserted that the petitioners', right from the period of their forefathers have been residing near Subba Raju Water Tank, Mogallu Village, Palakodere Mandal, West Godavari District, by raising temporary structures. He further submits that the petitioners have electricity connections and are paying required taxes to the 3'"^ respondent. He further contends that all of a sudden, petitioners received common Notice dated 30.05.2025 from the 3'"^ Respondent, directing them to remove the illegal constructions. 3. Learned counsel for the 3'^^ respondent submits that in terms of Orders in W.P 3428 of 2022 of this Court, the 3'^^ respondent issued a notice dated 30.05.2025 to the petitioners on the ground that they are encroaching on the banks of the Tank. He submits that the petitioners, instead of submitting any reply/explanation to the said notices, have straightaway instituted the present lis. Hence, the very writ petition is not maintainable. 4. On perusal of the material available on record, which would reveal that the Notices dated 30.05.2025 were issued as per the directions of this Court in W.P.No.3428 of 2022 dated 28.09.2022. The petitioners instead of submitting their respective explanations/objections to the said notices, have invoked the powers of this Court under Article 226 of the Constitution of India. It is well settled that a writ court may not exercise its discretionary jurisdiction in 5. 3 MRK,J W.P.No. 14247 of2025 entertaining a writ petition questioning a notice to show cause, unless it is without jurisdiction. In the instant matter, it is not the case of the petitioners that the show-cause notice suffers from any jurisdictional error. 6. Having regard to the submissions made by both the counsel and taking into consideration the facts and circumstances involved in the //s, this Court, without going into the merits of the case, deems it appropriate to dispose of the same, with a direction to the petitioners to submit their respective explanations/objections to the Notices dated 30.05.2025, within a period of four (4) weeks, from the date of receipt of a copy of this Order. Thereupon, the 3'''^ respondent is directed to pass speaking orders by considering the said explanations/objections of the petitioners. 7. Till such time, the respondents are directed not to take any coercive steps arising out of the Notices dated 30.05.2025 passed by the 3 respondent. rd 8. With the above directions, the Writ Petition is disposed of. No costs. Miscellaneous Applications pending, if any, shall stand closed. Sd/-SHAIK MOHD RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat, Amaravati, Andhra Pradesh. 2. The District Collector, West Godavari District, Eluru, Andhra Pradesh. Panchayat, Mogallu, Mogallu Village, Palakoderu Mandal, West Godavari District, Andhra Pradesh. To, 4. One CC to SRI JAMI MADHAVI Advocate [OPUC] Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court of Andhra Pradesh [OUT] One CC to SRI YARAGUNTLA KOTESWARA RAO, Standing Counsel for ZPPS, MPPS, Gram Panchayat [OPUC] Three CD Copies 5. 6. 7. gsg ▼▼ \jC- HIGH COURT DATED; 12/06/2025 ^ofanB^ » 13 JUN 2025 i®?ATCHEO ORDER lo c5- WP.No.14247 of 2025 «9 ★ ^ DISPOSING THE WP WITHOUT COSTS