IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010305002025 (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15377 OF 2025 Between: 1. Suthapalli Srirama Murthy, S/o. Subbarao, Aged 70 yrs, R/o 9-152, Parimpudi Village, Koyyalagudem (Mandal), Eluru Polavaram Road District. 2. Suthapalli Satyanarayana, S/o Subbarao, Aged About 67 years R/o 8- 180/A, Polavaram Road, Parimpudi Village Koyyalagudem Mandal Eluru District. 3. Kommuri Nagalakshmi, W/o Chaitanya Kumar, Aged 33 yrs, R/o 13-168, Near Water Tank, Koyyalagudem, Eluru District ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Rural Development Agency Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Eluru District 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. ...Respondents •i; - ^ 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 4th Respondent without any details for demolition of the structures as illegal, arbitrary and contrary to the well-established principles of natural justice apart from violation of fundamental and constitutional rights guaranteed under Articles 14,300A of the Constitution of India and consequently set aside thq same by directing the respondents not to meddle with the property of the petitioners bearing D.No. 10-62, 63 and 64 of Polavaram Road, Parimpudi Village of Koyyalagudem Mandal of Eluru 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 grant stay of all further procpedingp pursuant to the notice dt. 12-06-2025 issued by the 4*'' respondent, including dispossession of the petitioners from their respective properties situated in D.No.’s 10-62, 63 & 64 of Polavaram Road, Parimpudi Village of Koyyalagudem Mandal of Eluru District covered under Notices Dt 12.06.2025 Counsel for the Petitioners: SfRI T V S PRABHAKARA RAO Counsel for the Respondents No.1 to 5: GP FOR PANCHAYAT RAJ RURAL DEV The Court made the follovying:,Order •y . •^1 APHC010305002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] ■JSIfS THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15377/2025 Between: ...PETITIONER{S) Suthapalli Srirama Murthy and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1 .T V S PRABHAKARA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15377/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ 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^^ Respondent without any details for demolition of the structures as illegal, arbitrary and contrary to the well- established principles of natural justice apart from violation of fundamental and constitutional rights guaranteed under Articles 14, 300A of the Constitution of India and consequently set aside the same by directing the respondents not to meddle with the property of the petitioners bearing D. No. 10-62, 63 & 64 of Polavaram Road, Parimpudi Village of Koyyalagudem Mandal of Eluru District and pass such....” / Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Panchayat Raj. Learned counsel for the 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 explanation has been called for by the Official Respondents. Having perused the impugned Notices, this Court is in agreement with the submissions made by learned counsel for the writ petitioners. 2. 3. no 4. b 3 dated 12.06.2025 (Ex.P.1) are set the Respondent Officials are at 5. Accordingly, the impugned Notices stated above. However, aside for the reasons liberty to issue namely that the notices encroachments and shall call for an the above-mentioned concerns, the details of the fresh Notices addressing shall specifically contain explanation from the alleged encroacher. 6 Needless ot state that any coercive steps can be initiated by the Official Respondents only after proper consideration of the explanation g.ven by alleged encroacher. observations and directions, this Writ Petition stands With these allowed. No order as to costs. 7. pending in the Writ Petitions, if any. Consequently, Miscellaneous Petition shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTON OFFICER To, 1 The Principal Secretary, State of Andhra Pradesh, Rural Development Agency Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur f District. 2. The District Collector, Eluru District 3 The District Panchayat Officer, Eluru District. 4. The Panchayat Secretary, Parimpudi Gram Panchayat Koyyalagudem S.'^ThTDeSrErutive Engineer, Roads and Buildings Department Jangareddygudem, Eluru District. SRI T V S PRABHAKARA RAO Advocate [OPUC] FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT, 6. One CC to 7. Two CCs to GP High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsg HIGH COURT DATED: 26/06/2025 ORDER WP 15377/2025 ALLOWING THE WP WITHOUT COSTS