IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010298622025 FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 14814 OF 2025 Between: 1. Kolluru Lakshmi Prada, W/o Satyanarayana, Aged about 46 years R/o D.No. 7-34,Taraka Rama Nagar, Parimpudi Village Koyyalagudem(Mandal), Eluru District. 2. KolluruVeerabhadra Rao, S/o Late Lakshmana Rao Aged About 64 years, R/o D.No. 9-141, Kannapuram Road Parimpudi Village Koyyalagudem Mandal Eluru District 3. Bandlapalli Suvarna, W/o Srinivasa Rao Aged about 73,R/o 9-3A, Ashok Nagar, Near Water Tank, Koyyalagudem, Eluru District. 4. Kolluru VeeraVenkata Suresh, S/o Late Rama Rao, R/o D.No.59, 2nd floor, Navya Residency, 2 nd Main Road Near Pandit Deen Dayal Upadhyaya Indoor Stadium, Samruddi Enclave, Kumara Swamy Layout 2nd Stage Bengaluru, Karnataka, 560111 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj & Rural Development Agency Department, Secretariat, Velagapudi, Andhra Pradesh 2. The District Collector, (P.R) Eluru District, Andhra Pradesh 3. The District Panchayat Officer, Eluru District % 4. The Panchayat Secretary, Parimpudi Gram Panchayat, Koyyalagudem Mandal, Eluru District. 5. The Deputy Executive Engineer, Roads &Buildings Department, Jangareddygudem, Eluru 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 direction more particularly one in the nature of Writ of Mandamus, declaring the notices Dt 12.06.2025 issued by the 4 the well-established fundamental and th Respondent as illegal , arbitrary and contrary to principles of natural justice apart from violation of constitutional rights guaranteed under Articles 14,300A of the Constitution of India and consequently set aside the same. 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 direct the Respondents to not to dispossess the Petitioners from their respective properties Situated in D.No.’s 10-46, 47, 48,9-148, 10-74, 10-57 of Kannapuram Road, Parimpudi Village of Koyyalagudem Mandal of Eluru District coverd under Notices Dt. 12.06.2025. Counsel for the Petitioners: SRI T. V. S. PRABHAKARA RAO Counsel for the Respondent Nos.1 & 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.2; GP FOR REVENUE Counsel for the Respondent No.4; SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS The Court made the following: ORDER APHC010298622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 14814/2025 Between; 1.KOLLURU LAKSHMI PRADA, W/0 SATYANARAYANA, R/0 D.NO. 7-34,TARAKA RAMA NAGAR, KOYYALAGUDEM(MANDAL) AGED ABOUT 46 YEARS PARIMPUDI VILLAGE DISTRICT. ELURU 2.KOLLURUVEERABHADRA RAO, S/0 LATE LAKSHMANA RAO AGED ABOUT 64 YEARS, R/0 D.NO. 9-141, KANNAPURAM ROAD PARIMPUDI VILLAGE KOYYALAGUDEM MANDAL ELURU DISTRICT 3.BANDLAPALLISUVARNA, W/0 SRINIVASA RAO AGED ABOUT 73,R/0 9-3A, ASHOK NAGAR, NEAR WATER TANK, KOYYALAGUDEM, ELURU DISTRICT. 4.KOLLURUVEERAVENKATA SURESH, . S/0 LATE RAMA RAO R/0 D.N0.59, 2ND FLOOR, NAVYA RESIDENCY, 2ND MAIN ROAD NEAR PANDITDEENDAYALUPADHYAYA INDOOR STADIUM, SAMRUDDI ENCLAVE, KUMARA SWAMY LAYOUT 2ND STAGE BENGALURU, KARNATAKA, 560111 ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AGENCY PANCHAYAT RAJ AND DEPARTMENT, SECRETARIAT, VELAGAPUDI, ANDHRA PRADESH 2.THE DISTRICT COLLECTOR, (P FI) ELURU DISTRICT, ANDHRA PRADESH 3.THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT 4.THE PANCHAYAT SECRETARY, PARIMPUDI GRAM PANCHAYAT, KOYYALAGUDEM MANDAL, ELURU DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, JANGAREDDYGUDEM, ELURU DISTRICT ...RESPONDENT(S): Counsel for the Petitioner{S): 1 .T V S PRABHAKARA RAO Counsel for the Respondent{S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR ROADS & BUILDINGS 3.GP FOR REVENUE The Court made the following; ORAL ORDER; Heard Sri V. Vamsi Krishna, learned Counsel appearing on behalf of Sri T.V.S. Prabhakara Rao, learned Counsel for the Writ Petitioners, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri P. Chaitanya, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat. Sri V. Vamsi Krishna, learned Counsel appearing on behalf of Sri T.V.S. Prabhakara Rao for the Writ Petitioners, has drawn the attention of this Court to the Impugned Notices dated 12.06.2025 (Ex.P.1). He would submit that these Impugned Notices are non-specific, inasmuch as no particular details have been given with regard to the encroachments. He would also submit that the principles of natural justice have been violated, inasmuch as no explanation has been called for by the Official Respondents. 2. 3 Having perused the Impugned Notices, this Court is in agreement with the submissions made by learned Counsel for the Writ Petitioner. 4. Accordingly, the Impugned Notices dated 12.06.2025 (Ex.P.1) are set aside for the reasons stated above. However, the Respondent Officials are at liberty to issue fresh Notices addressing the above-mentioned namely that the Notices shall specifically contain the details of the encroachments and shall call for an explanation from the alleged encroacher. Needless to state that any coercive steps can be initiated by the Official Respondents only after proper consideration of the explanation given by the alleged encroacher. With these observations and directions, this Writ Petition stands allowed. No order as to costs. concerns 5. 6. 7. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER The Principal Secretary, Panchayat Raj and Rural Development Agency Department, State of Andhra Pradesh, Secretariat, Velagapudi, Andhra Pradesh The District Collector, (P.R) Eluru District, Andhra Pradesh 3. The District Panchayat Officer, Eluru District The Panchayat Secretary, Parimpudi Gram Panchayat, Koyyalagudem Mandal, Eluru District. The Deputy Executive Engineer, Roads and Buildings Department, Jangareddygudem, Eluru District 6. One CC to Sri T. V. S. Prabhakara Rao, Advocate [OPUC] 7. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] Two CC’s to GP for Panchayat Raj & Rural Development, High Court of A.P. at Amaravati[OUT] Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 10. Two CC’s to GP for Roads & Buildings, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. To, 1. 2. 4. 5. 8. 9. HIGH COURT DATED:20/06/2025 ORDER WP No.14814of 2025 *r 1 1 JUU 2025 rn 09 «2\ S^^urrtnt ALLOWING THE W.P. WITHOUT COSTS