1 APHC010331552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16784/2025 Between: 1. VEERAVALLI NAGA VENKATA KRISHNA, S/O SATYANARAYANA, AGED 44 YEARS, OCC. CARPENTER, R/O 1-111/1, MAIN ROAD, VEERAVALLI VARI STREET, VENDRA VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, WEST GODAVARI DISTRICT AT BHIMAVARAM. 3. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT AT BHIMAVARAM. 4. THE DIVISIONAL PANCHAYAT OFFICER, BHIMIVARAM DIVISION AT BHIMAVARAM. 5. VENDRA GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM -PANCHAYAT SECRETARY, VENDRA VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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 action of Respondents particularly 5th Respondent in insisting the petitioner's to vacate from the Carpentary shop being carried out on a piece of land situated in Indiramma Colony, Vendra Village, Palakoderu Mandal, West Godavari District and Notice in R.C.No.9/2025, dated 23.06.2025 issued by 5th respondent in that regard, as illegal, irregular, violative of principles of natural justice, provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of Constitution of India and consequently direct the Respondents not to interfere in any manner with his possession and enjoyment over the said shop and site and pass IA 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 operation of proceedings in R.C.No.9/2025, dated 23.06.2025 in the form of Notice issued by 5th respondent and consequently direct the respondents not to interfere in any manner with petitioner’s carpentary shop being carried out on a piece of land situated in Indiramma Colony, Vendra Village, Palakoderu Mandal, West Godavari District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16784/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly 5th Respondent in insisting the petitioners to vacate from the Carpentry shop being carried out on a piece of land situated in Indiramma Colony, Vendra Village, Palakoderu Mandal, West Godavari District and Notice in R.C.No.9/2025 dated 23.06.2025 issued by 5th respondent in that regard as illegal, irregular, violative of principles of natural justice, provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of Constitution of India and consequently direct the Respondents not to interfere in any manner with his possession and enjoyment over the said shop and site and pass...” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondents. 3. The case of the petitioner herein is that the petitioner is running a small carpentry shop in the land(<1 cent) situated in Indiramma Colony, Vendra Village, Palakoderu Mandal, West Godavari District, which is the leftover land after distribution of Government-assigned house sites in the said colony. The petitioner is paying electricity bills regularly for the said structure and he is in peaceful possession and enjoyment of the said land since 2009. To the surprise of the petitioner, Respondent No.5 issued notice, 4 dated 23.06.2025, directing the petitioner to vacate the subject premises within 48 hours of receipt of the said notice. After receipt of the notice, the petitioner immediately submitted an explanation on 26.06.2025. The learned counsel further submits that the petitioner is physically disabled person and he is eligible for sanction of the subject land as a welfare measure. But, without considering the said explanation and passing reasoned order, the respondents are trying to interfere with the possession of the petitioner over the subject property which is illegal and arbitrary. Hence, the present Writ Petition is filed. 4. Learned Standing Counsel for the 5th respondent has furnished a copy of the written instructions issued by the 5th respondent, wherein it is stated that the land admeasuring an extent of Ac.3.16 cents in Sy.Nos.152/1B2 and 153/4 was subdivided into 111 house plots and allotted in favour of the beneficiaries and land less poor persons. While so, one vacant plot was encroached by Sri Veeravalli Naga Venkata Krishna/petitioner herein and raised ACC shed in it and doing his carpentry work. As the petitioner is causing disturbance to the neighboring land owners, the respondents issued notice for removal of ACC sheet roof shed vide R.C.No.09 of 2025, dated 23.06.2025 to the petitioner. 5. Basing on the said instructions, learned Standing Counsel submits that as the petitioner herein without there being any permission from the respondent authorities, encroached the subject land, the Gram Panchayat is empowered to vacate the petitioner since he is an encroacher. Further, as 5 the petitioner submitted explanation to the notice, dated 23.06.2025, the Gram Panchayat will consider the same and pass appropriate orders before initiating steps against the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the respondents and on perusal of the material on record, the 5th respondent is hereby directed to consider the explanation submitted by the petitioner, dated 26.06.2025, taking into consideration the claim of the petitioner that he is eligible for grant of subject property under disabled category and pass appropriate orders, in accordance with law, within a period of two (02) months from the date of receipt of a copy of this order. Till then, the respondents are directed not to interfere with the possession of the petitioner over the subject property. 7. With the above directions, this Writ Petition is disposed of. No costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 2255..0077..22002255 TTM M 6 187 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16784 of 2025 2255..0077..22002255 TTM M