h IN THE HIGH COURT OF ANDHRA PRADESH :: Al\ (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JU TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 14250 OF 2025 Between: 1.Pallet! Narasanna. S/o. Yesobu, aged about 68 years. R/o. D.No. 9-54, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 2.Narkimelli Sivanagaraju, S/o. Bhaskara Rao, aged about 30 years, R/o. D.No. 9-36, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. S.Narkimelli Martamma, D/o. Mariyamma, aged about 62 years, R/o. D.No. 9-12, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. ) 4. Kandavalli Suguna Rao, S/o. Bhaskara Rao aged about 35 years, R/o. D.No. 9-47, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 5.Yadangi John Rubeni, S/o. Daniyelu, aged about 72 years, R/o. D.No. 9-38, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 6.Chette Baby Santhoshamma, W/o. Krupavarma aged about 59 years, R/o. D.No. 9-42, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 7.Kadimi Lakshmi Kumar, S/o. Ramaswamy, aged about 45 years, R/o. D.No. 9-64, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 8.Kondeti Mery, D/o. Pallayya, aged about 51 years, R/o. D.No. 9-51, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. ‘ 9.Kandavalli Prasad, S/o.Veranna, ' aged about 36 years, R/o. D.No. 9-1/2, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. lO.Ainapudi Sunitha, W/o. Ravi Kumar, aged about 48 years, R/o. D.No. 9-39, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 11 .Kadimi John, S/o. Moshe, aged about 55 years, R/o. D.No. 9-2, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 12.Kadimi Daveedu, S/o. Moshe, aged about 60 years, R/o. D.No. 9-1, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 13.Kankipati John, S/o. Venkanna, aged about 55 years, R/o. D.No. 9-5, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 14.Undrajanavarapu Sekharkumar, S/o. Rathnaraju, aged about 46 years, R/o. D.No. 9-3/1, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 15.Kandavalli Shdsamma, W/o. Ramarao, aged about 54 years, R/o. D.No. 9-101, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 16.Sannamandra Yesobu, S/o. Moshe, Aged about 53 years, R/o. D.No. 9-68, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. 17.Sirra Santosh @ Santhosh Kumar, S/o. Yakobu, aged about 26 years, R/o. D.No. 9-74, Arundathi Peta, Mogallu Village, Palakoderu Mandal, West Godavari District. ..Petitioners 2^ AND 1.State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi Village,Thullur Mandal, Guntur District. 2.The District Collector, West Goadavari District at Bheemavaram. 3.The Revenue Divisional Officer, Bheemavaram, West Godavari District. 4.The Tahsildar, Palakoderu Mandal, West Godavari District. 5.The Mogallu Gram Panchayat, Represented by its Panchayat Secretary Mogallu Village, Palakoderu Mandal, 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 may be pleased to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the S**" respondent in issuing common Notice dated 05.06.2025, to the petitioners, directing them to remove their respective houses situated in a occupied Gramakantam Land in R.S.No.198 and 201 of Mogallu Village, Palakoderu Mandal, West Godavari District, is contrary to the judgments passed by this Hon'ble Court, violative of principles of natural justice, contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquistion, Rehabilitation and Resettlement Act, 2013, being illegal, arbitrary and violation of Article 14, 300-A of the Constitution of India and consequently to set aside the common Notice even dated 05.06.2025, issued by the 5th respondent, by directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioners houses situated in R.S.No.198 and 201 of Mogallu Village, Palakoderu Mandal, West Godavari District. 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 common Notice dated 05.06.2025, issued by the 5th respondent, by directing the respondents not to demolish the houses of the petitioners situated in R.S.No.198 and 201 of Mogallu Village, Palakoderu Mandal, West Godavari District, pending disposal of the above writ petition. Counsel for the Petitioners; SRI MADHAVA RAO NALLURI Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4; GP FOR REVENUE Counsel for the Respondent No.5: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER APHC010281892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 14250/2025 Between: 1. PALLETI NARASANNA, S/0. YESOBU, AGED ABOUT 68 YEARS, R/0. D.NO. 9-54, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. ARUNDATHI PETA, MOGALLU VILLAGE, 2. NARKIMELLI SIVANAGARAJU,, S/0. BHASKARA RAO ABOUT 30 YEARS, R/0. D.NO. 9-36, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. AGED 3. NARKIMELLI MARTAMMA,, D/0. MARIYAMMA, AGED ABOUT 62 YEARS, R/0. D.NO. 9-12, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 4. KANDAVALLI SUGUNA RAO S/0. BHASKARA RAO, ABOUT 35 YEARS, R/0. D.NO. 9-47, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. AGED j j 5. YADANGI JOHN RUBENI,, S/0. DANIYELU, AGED ABOUT 72 YEARS, R/0. D.NO. 9-38, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 6. CHETTE BABY SANTHOSHAMMA,, W/0. KRUPAVARMA, AGED ABOUT 59 YEARS, R/0. D.NO. 9-42, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 7. KADIMI LAKSHMI KUMAR,, S/0. RAMASWAMY, AGED ABOUT 45 YEARS, R/0. D.NO. 9-64, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 2 8. KONDETI MERY,, D/0. PALLAYYA, AGED ABOUT 51 YEARS R/0 D.NO. 9-51 PALAKODERU MANDAL, WEST GODAVARI DISTRICT. ARUNDATHI PETA, MOGALLU VILLAGE 9. KANDAVALLI PRASAD,, S/O.VERANNA, AGED ABOUT 36 YEARS R/0. D.NO. 9-1/2, ARUNDATHI PETA, MOGALLU VILLAGE PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 10.AINAPUDI SUNITHA,, W/0. RAVI KUMAR, YEARS, R/0. D.NO. 9-39, ARUNDATHI PETA, MOGALLU VILLAGE PALAKODERU MANDAL, WEST GODAVARI DISTRICT. AGED ABOUT 48 11.KADIMI JOHN,, S/0. MOSHE, AGED ABOUT 55 YEARS, R/O. D.NO. PALAKODERU 9-2 ARUNDATHI PETA, MOGALLU VILLAGE, MANDAL, WEST GODAVARI DISTRICT. 12.KADIMI DAVEEDU,, S/0. MOSHE, AGED ABOUT 60 YEARS R/O D.NO. 9-1 ARUNDATHI PALAKODERU MANDAL, WEST GODAVARI DISTRICT. PETA, MOGALLU VILLAGE, 13.KANKIPATI JOHN,, S/0. VENKANNA, AGED ABOUT 55 YEARS R/O. D.NO. 9-5, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 14.UNDRAJANAVARAPU SEKHARKURNAR,, AGED ABOUT 46 YEARS, R/O. D.NO. 9-3/1 S/0. RATHNARAJU, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 15. KANDAVALLI SHESAMMA,, W/0. RAMARAO YEARS, R/O. D.NO. 9-101 VILLAGE, PALAKODERUMANDAL, WEST GODAVARI DISTRICT. 16.SANNAMANDRA YESOBU YEARS, R/O. D.NO. 9-68, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 17.SIRRA SANTOSH @ SANTHOSH KURNAR,, S/0. YAKOBU ABOUT 26 YEARS, R/O. D.NO. 9-74, ARUNDATHI PETA, MOGALLU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AGED ABOUT 54 ARUNDATHI PETA, MOGALLU S/0. MOSHE AGED ABOUT 53 AGED AND 3 ^4 ^ jHE state of ap, rep. by its principal secretary, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE,THULLUR MANDAL, GUNTUR DISTRICT. DISTRICT COLLECTOR, WEST GOADAVARI DISTRICT AT 2.THE BHEEMAVARAM. REVENUE DIVISIONAL OFFICER, BHEEMAVARAM, WEST GODAVARI DISTRICT. 3.THE PALAKODERU MANDAL, WEST GODAVARI 4.THE TAHSILDAR DISTRICT. 5.THE MOGALLU GRAM PANCHAYAT SECRETARY MANDAL, WEST GODAVARI DISTRICT. PANCHAYAT, REPRESENTED BY ITS MOGALLU VILLAGE, PALAKODERU ...RESPONDENT(S): Counsel for the Petitioner(S); 1.MADHAVA RAO NALLURI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORDER; Heard Sri Mahava Rao Nalluri, learned Counsel for the Writ Petitioners; on behalf of Sri Y. Sri Chaitanya Srinivas, learned Counsel appearing learned Standing Counsel for ZPPs, MPPs and Gram Koteswara Rao, Panchayat and Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue. 2. Learned Counsel for the Writ Petitioners has drawn the attention of Learned the impugned notices dated 05.06.2025 (Ex.P.1). this Court to Counsel for the Writ Petitioners would submit that the Respondent Authorities Final Order directing the Writ Petitioners to remove the have issued the encroachments without calling for any explanation. Learned Counsel for the Writ Petitioners would submit the injipugned notices are in violation of the 4 Principles of Natural Justice, inasmuch as prior Show Cause Notices have not been issued to the Writ Petitioners. He would submit that, if prior Show Cause Notices were issued, the Writ Petitioners would have an opportunity to submit explanation for consideration of the Respondent Authorities. 3. This Court has taken note of the contents of the impugned notices. It appears that the impugned notices are in the nature of Final Order directing the Writ Petitioners to remove the encroachments without seeking their explanation. This act on the part of the Respondent Authorities is in violation of the Principles of Natural Justice. 4. In this view of the matter, this Court is of the view that the Impugned Proceedings dated 05.06.2025 (Ex.P.1) are unsustainable for the reason stated above. Accordingly, they are set aside. The Respondent Authorities are at liberty to issue fresh Show Cause Notices indicating the specific details of encroachments calling for explanation from the alleged violators within a reasonable time and pass Orders after considering their explanations. 5. It is made clear that this Court has not expressed anything on merit and the Respondent Authorities are at liberty to proceed in accordance with law, if they are so advised. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. VIJAYABABU assistant registrar SECTION OFFICER //TRUE COPY// Y To, 1. The Principal Secretary Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Thullur Mandal, Guntur District. District Collector, West Goadavari District at Bheemavaram. , West Godavari District. 2. The 3. The Revenue Divisional Officer, Bheemavaram 4. The Tahsildar, Palakoderu Mandal, West Godavari District 5. The Panchayat Secretary, Mogallu Gram Panchayat, Mogallu Village, Palakoderu Mandal, West Godavari District. 6. One CC to Sri Madhava Rao Nalluri, Advocate [OPUC] 7. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 8. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT DATED: 19/06/2025 ORDER (s 0 9 JUL 2025 I WP.No.14250 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS