APHC010373082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19113 OF 2025 Between: Satthi Narsi Reddy, S/o. Surrreddy @ Satthi Suryanarayana reddy Aged about 59 years, R/o. 1-122, Main Road, Opp. Police Station, Pentapadu Village, Pentapadu Mandal, West Godavari District - 534166 ...Petitioner AND 1. The State of Andhra Pradesh, by its Principal Secretary, Panchayath Raj Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District. 2. District Panchyath Officer, Bhimavaram, West Godavari District. 3. Pentapadu Grama Panchayat, Rep. by the Secretary, Pentapadu Village, Pentapadu Mandal, West Godavari District. 4. The Assistant Engineer, Department of Roads and Buildings Tadepalligudem, West Godavari District. 5. The Tahsildar, Pentapadu 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3"'^ respondent/Panchaya t in trying to demolish Petitioners shops situated in an extent of 104.8 sq. yards bearing Mandal, West Godavari District D.No. 1-39 at Pentapadu Village and pursuant to the showcause notice dt. 18- 06-2025 without conducting enquiry Petitioner dt. 23-06-2025 and after receipt of the explanation of the threatening the petitioner to vacate the said premises as illegal, arbitrary and contrary to the provisions of AP Panchayat Raj Act, 1994 and consequently respondent/Gram Panchayat not to demolish the Petitioners rd direct the 3 shops without following due process of law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 3'^'^ respondent/Gram Panchyath not to demolish Petitioner’s shops situated in an extent of 104.8 sq. yards bearing D.No. 1-39 at Pentapadu Village and Mandal, West Godavari District without following due process of law pending disposal of the above writ petition. Counsel for the Petitioner: Mrs. M. L. NEELIMA Counsel for the Respondent Nos.1 & 2 : GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT Counsel for the Respondent No.3 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent No.4 : GP FOR ROADS & BUILDINGS Counsel for the Respondent No.5 : GP FOR REVENUE The Court made the following order: APHC010373082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] »i MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19113/2025 Between: 1.SATTHI NARSI REDDY, S/0 SURRREDDY @ SATTHI SURYANARAYANA REDDY AGED ABOUT 59 YEARS, R/0 1-122, MAIN ROAD, OPP. POLICE STATION, PENTAPADU VILLAGE, PENTAPADU MANDAL, WEST GODAVARI DISTRICT - 534166 ...PETITIONER AND I 1.THE STATE OF ANDHRA PRADESH, BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT 2. DISTRICT PANCHYATH OFFICER, BHIMAVARAM GODAVARI DISTRICT WEST 3. PENTAPADU GRAMA PANCHAYAT, REP. BY THE SECRETARY, PENTAPADU VILLAGE, PENTAPADU MANDAL, WEST GODAVARI DISTRICT 4.THE ASSISTANT ENGINEER, DEPARTMENT OF ROADS AND BUILDINGS TADEPALLIGUDEM, WEST GODAVARI DISTRICT 5.THE TAHSILDAR, PENTAPADU MANDAL, WEST GODAVARI DISTRICT ...RESPONDENT(S): 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 2 pleased topleased to i nature of Writ Of 'I'nw" one in the respondent/Panchayat dem'r"h p"®- anextentof 104,8 sq yards bearino nN°'^i shops situated in Mandal, West Godavari District pursuant to the h ^"'^3e and 2025 without conducting enauL an! ''8- 06- Petitioner dt, 23-06-2025 and 'threafe ^ •'i® explanation of the premises as iiiegai, arb ary an on^Tto hV Rat AO, 1004 3nd consequently'drctTeir not to demolish the Petitioners and to pass 3rd Panchayat respondent/Gram Panchayat shops without following due process of law lA NO: 1 OF ?n9<; Petition under Section in the affidavit filed in support of thLefflonM u" “'''^‘'nistances stated pleased to direct the 3rd respondent/r ’ pleased .;=rr=rrL.r.“s Petitioner’s shops situated i at Pentapadu Village and due process of law Counsel for the Petitioner: pass 1.MLNEELIMA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL The Court made the following: DEV 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19113/2025 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 the 3'^ respondent/Panchayat in trying to demolish petitioner’s shops situated in an extent of 104.8 sq. yards bearing D. No. 1-39 at Pentapadu Village and Mandal, West Godavari District pursuant to the show-cause notice dated 18.06.2025 without conducting enquiry after receipt of the explanation of the petitioner dated 23.06.2025 and threatening the petitioner to vacate the said premises as Illegal, arbitrary and contrary to the provisions of AP Panchayat Raj Act, 1994 and consequently direct the 3 respondent/Gram Panchayat not to demolish the petitioner’s shops without following due process of law and pass such other order. ” rd 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for respondent No.3 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the commercial shops situated in an extent of 104.8 Sq. Yards, D.No.1-39 at Pentapadu Village and Mandal, West Godavari District. The Gram Panchayat granted permission for construction of the subject shops vide resolution dated 12.06.2017. After obtaining due permission. the petitioner got constructed the subject shops. While utter surprise of the petitioner, the respondents issued impugned show-cause notice dated 18.06.2025 alleging that the petitioner so, to the occupied the road margin while constructing the ACC roof shops and directed the petitioner to remove the encroachment within a period of seven days. For which, the petitioner submitted explanation on 23.06.2025 explaining how acquired by him from the original property holder i Nookamma. Even after submission of a detailed the property was Smt. Kodi i.e. the explanation, without considering the said explanation and without passing orders as per the provisions of the Panchayat Raj Act. respondent No.3 IS interfering and frying to demolish the petitioner's shops. Hence, the present Writ Petition. 4. On the other hand, learned Standing Counsel for respondent No.3 submits that explanation pursuant to the show the respondent authorities would consider appropriate orders, in accordance with law. since the petitioner submitted cause notice dated 18.06.2025, the same and pass 5. Having regard to the submissions learned counsel and this Court deems it made by both the on perusal of the material placed on record. appropriate to dispose of the writ petition the explanation of the directing the respondents to consider petitioner and pass appropriate orders, after providing opportunity of 5 hearing to the petitioner as well as the stakeholders, if any accordance with law, within a period of three(3) months from the date of receipt of copy of this order. Till then, the respondents directed not to interfere with the peaceful possession and enjoyment of the petitioner’s subject shops. in are 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- B. PRASADA RAO assistant registrar //TRUE COPY// 9s> SECTION OFFICER 1. The Principal Secretary, Panchayath Raj Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi District. 2. The District Panchyath Officer, Bhimavaram 3. The Secretary. Pentapadu Grama Panchayat, Pentapadu Village Pentapadu Mandal, West Godavari District. 4. The Assistant Engineer, Department Tadepalligudem, West Godavari District. 5. The Tahsildar, Pentapadu Mandal, West Godavari 6. One CC to Mrs. M. L. Neelima, Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj & Rural Development, High Court Of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh [OUT] 10. Two CD Copies Cnr To Amaravathi, Guntur West Godavari District. of Roads and Buildings District. •t HIGH COURT DATED:28/07/2025 \ ORDER WP NO. 19113 OF 2025 DISPOSING OF THE W.p WITHOUT COSTS