/ APHC010384502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19436 OF 2025 Between: 1. Anne Vijay Kumar, S/o A.Madhava Rao, Aged about 52 years, Occ; Trading, R/o D.No.8-32, Gandhi Chowk, Gannavaram Village Mandal, Krishna District. 2. Anne Sudha Lakshmi, W/p Late A.Venkateswara Rao, Aged about 51 years, Occ: Housewife, R/o D.No.8-32, Gandhi Chowk, Gannavaram Village Mandal, Krishna District. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by the Principal Secretary (Panchayat Raj Development), Velagapudi Village Thullur Mandal, Guntur District. 2. Gannavaram Gram Panchayat, Represented by its Secretary, Gannavaram Village Mandal, Krishna District, Andhra Pradesh. 3. Panchayat Secretary, Gannavaram Gram Panchayat, Gannavaram Village Mandal, Krishna District, Andhra Pradesh. 4. The District Collector (NTR District), Machilipatnam, NTR District. 5. The Superintending Engineer R & B Circle, Krishna District, R&B Department, Krishna District. 6. The District Panchayat Officer, Collectorate, Machilipatnam, Krishna District. 7. The Divisional Panchayat Officer, Gudivada, Krishna District 8. The Tahsildar (Gannavaram Mandal), Gannavaram, NTR District. 9. The Revenue Divisional Officer, Gannavaram, NTR 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 an appropriate Writ, Order or direction, more particularly, one in the nature of Writ of Certiorari calling for the records in pursuance of Proceedings R.C.No. 114/2025 dated 23/07/2025 of the Respondent Nos.2 & 3 issued in respect of the Petitioners property with Door No.8-32, Land/Plot ad-measuring Ac.0-10 Cents situated in RS.No.455, Gannavaram Village Mandal, Krishna District as being illegal, wholly without jurisdiction as illegal, arbitrary, biased, viojative of principles of natural justice. Articles 14, 21, 300A of the Constitution of India and the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter called the “Act”), Board of Revenue Standing Orders (BSO) and G.O.Ms.No.18 Transport, Roads & Buildings (Roads-1) Department, dated 18/02/2013 and to consequently direct the Respondents to and consequently quash the Proceedings in R.C.No. 114/2025 dated 23/07/2025 of the Respondent Nos.2 & 3 and to pay a compensation of Rs.50 lakhs towards damages to the Petitioners illegalities committed by the Respondents. 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 Proceedings in R.C.No. 114/2025 dated 23/07/2025 of the Respondent Nos.2 & 3 issued in respect of the Petitioners property with Door No. Door No.8-32, Land/Plot ad-measuring Ac.0-10 Cents situated in RS.No.455, Gannavaram Village & Mandal, Krishna District pending disposal of the Writ Petition. r m Counsel for the Petitioners: SRI M R K CHAKRAVARTHY Counsel for the Respondent Nos. 1,6 & 7: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS Counsel for the Respondent Nos. 4, 8 & 9: GP FOR REVENUE Counsel for the Respondent Nos. 2 & 3: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) The Court made the following order: APHC010384502025 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: 19436/2025 Between: 1.ANNE VIJAY KUMAR, S/0 A.MADHAVA RAO, AGED ABOUT 52 YEARS, OCCTRADING, GANNAVARAM VILLAGE MANDAL, KRISHNA DISTRICT. R/0 D.NO.8-32, GANDHI CHOWK, 2.ANNE SUDHA LAKSHMI, W/P LATE A.VENKATESWARA RAO, AGED ABOUT 51 YEARS, OCC HOUSEWIFE, R/0 D.NO.8-32, GANDHI CHOWK, GANNAVARAM VILLAGE MANDAL, KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REPRESENTED BY THE PRINCIPAL SECRETARY (PANCHAYAT RAJ DEVELOPMENT), VELAGAPUDI VILLAGE THULLUR MANDAL, GUNTUR DISTRICT. 2. GANNAVARAM GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, GANNAVARAM VILLAGE MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 3. PANCHAYAT SECRETARY, GANNAVARAM GRAM PANCHAYAT, GANNAVARAM VILLAGE MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 4.THE DISTRICT COLLECTOR NTR DISTRICT, MACHILIPATNAM, NTR DISTRICT. 2 5.THE SUPERINTENDING ENGINEER R B CIRCLE, KRISHNA DISTRICT, RB DEPARTMENT, KRISHNA DISTRICT. 6. THE DISTRICT PANCHAYAT OFFICER, COLLECTORATE, MACHILIPATNAM, KRISHNA DISTRICT. 7.THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA, KRISHNA DISTRICT 8.THE TAHSILDAR GANNAVARAM MANDAL, GANNAVARAM, NTR DISTRICT. 9.THE REVENUE DIVISIONAL OFFICER, GANNAVARAM, NTR 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 pleased to Pleased to issue an appropriate Writ, Order or direction, more particularly, one in the nature of Writ of Certiorari calling for the records in pursuance of Proceedings R.C.No. 114/2025 dated 23/07/2025 of the Respondent Nos.2 3 issued in respect of the Petitioners property with Door No.8-32, Land/Plot ad-measuring Ac.0-10 Cents situated in RS.No.455, Gannavaram Village Mandal, Krishna District as being illegal, wholly without jurisdiction as illegal, arbitrary, biased, viojative of principles of natural justice. Articles 14, 21, 300A of the Constitution of India and the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter called the Act Board of Revenue Standing Orders (BSO) and G.O.Ms.No.18 Transport, Roads Buildings (Roads-1) Department, dated 18/02/2013 and to consequently direct the Respondents to and consequently quash the Proceedings in R.C.No. 114/2025 dated 23/07/2025 of the Respondent Nos.2 3 and to pay a compensation of Rs.50 lakhs towards damages to the Petitioners illegalities committed by the Respondents and pass 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 pleased to suspend the Proceedings in R.C.No. 114/2025 dated .23/07/2025 of the Respondent Nos.2 & 3 issued in respect of the Petitionerspropertywith Door No. Door No.8-32, Land/Plot ad-measuring Ac.0-10 Cents situated in RS.No.455, Gannavaram Village & Mandal, Krishna District pending disposal of the Writ Petition and pass 3 m Counsel for the Petitioner(S): 1 .M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. The Court made the following: 4 isT' THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19436/2025 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 Certiorari calling for the records in pursuance of Proceedings R.C.No. 114/2025 dated 23/07/2025of the RespondentNos.2 3 issued in respectof the Petitioners property with Door No. 8-32, Land/Plot ad measuring Ac. 0-10 Cents situated in RS.No.455, Gannavaram Village Mandal, Krishna District as being illegal, wholly without jurisdiction as illegal, arbitrary, biased, viojative of principles of natural justice. Articles 14, 21, 300A of the Constitution of India and the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter called the Act Board of Revenue Standing Orders (BSO) and G.O.Ms.No.18 Transport, Roads Buildings (Roads-1) Department, dated 18/02/2013 and to consequently direct the Respondents to and consequently quash the Proceedings in R.C.No. 114/2025 dated 23/07/2025 of the Respondent Nos.2 3 and to pay a compensation of Rs.50 lakhs towards damages to the Petitioners illegalities committed by the Respondents and pass such other order. ” 2. Heard the learned counsel for the petitioners, learned Standing Counsel for the 3^^ respondent and the learned Government Pleader for the other respondents. 5 3. The grievance of the petitioner herein is that the respondents authority i.e., the 3'"'^ respondent, issued the impugned notice dated 23.07.2025, directing the petitioners to vacate and remove encroachments in respect of 14 square yards of land, which is classified as government land, within 7 days from the date of the receipt and also directed to restore the land to its original condition in accordance with the Andhra Pradesh Panchayat Raj Act, 1994. 4. Learned counsel for the petitioners submits that the issuance of the subject notice by the 3'^^ respondent is without jurisdiction and the manner in which the notice issued was issued is contrary to the principle of natural justice and law of fair and reasonableness. Therefore, the impugned notice is liable to be set aside. 5. On the other hand, the learned Standing Counsel for the 3'^^ respondent has furnished written instructions dated 25.07.2025, stating that the petitioners herein occupied a portion of the government land, i.e., 14 square yards and made constructions contrary to the terms of G.O.Ms.No.188 PR & RD (P.T.Stay). For removal of the said encroachments, the present impugned notice was issued. 6 6. Considering the submissions made by both the learned perusal of the material placed on record, the dated 23.07.2025 issued by the respondent final order directing the petitioners to vacate and without issuing any prior notice and counsel and on impugned notice appears to be a remove the encroachments without observing the principle of natural justice. Section 96 of the Andhra Pradesh Panchayat 7. In view of Raj Act, 1994, the Gram Panchayat has the power to remove encroachments even without prior notice. However, this Court pnma though the provision does not specifically a public authority, the principles of natural before ordering eviction, removal of facie considered that even requires prior notice, as justice shall be observed Therefore, the impugned notice dated encroachment or demolition. 23.07.2025 issued by the S"* respondent is contrary to the ratio laid the other hand, the Gram Panchayat has down by this Court. On obstructions causing hindrance to public situated within the Gram Panchayat limits. ample power to remove any roads which are For more understanding. Section 96 of the Andhra Pradesh Panchayat Raj Act, 1994 contemplates as under;- 8. 96. Prohibition against destruction in or over shall build any wall or other obstruction or projection public roads - No person erect any fence or 7 or make any encroachment in or over any public road except as hereinafter provided.” 9. If the 3'^^ respondent concludes that such obstructions exist on public road, they must follow due process while observing the principles of natural justice. In view of the above, the impugned notice issued without observing the principles of natural justice is contrary to law and the scheme of the Act. 10. Accordingly, the impugned notice dated 23.07.2025 is liable to be set aside. However liberty is granted to the 3'"^ respondent to proceed further in accordance with law. 11. Accordingly, 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/- K TATA RAO DEPU GiSTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, (Panchayat Raj Development), Velagapudi Village Thullur Mandal, Guntur District. 2. The Secretary, Gannavaram Gram Panchayat, Gannavaram Village Mandal, Krishna District, Andhra Pradesh. 3. The Panchayat Secretary, Gannavaram Gram Panchayat, Gannavaram Village Mandal, Krishna District, Andhra Pradesh. 4. The District Collector NTR District, Machilipatnam, NTR District. 0^ 5. The Superintending Engineer R B Circle, Krishna District, RB Department, Krishna District. 6. The District Panchayat Officer, Collectorate, Machilipatnam, Krishna District. 7. The Divisional Panchayat Officer, Gudivada, Krishna District 8. The Tahsildar Gannavaram Mandal, Gannavaram, NTR District. 9. The Revenue Divisional Officer, Gannavaram, NTR District. 10. One CC to Sri M R K Chakravarthy, Advocate [OPUC] 11. One CC to Sri Y Koteswara Rao (SC for ZPPS, MPPS & GP), Advocate [OPUC] 12. Two CCs to GP for Panchayat Raj & Rural Dev, High Court of Andhra Pradesh [OUT] 13. Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh [OUT] 14. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 15. Two CD Copies TF HIGH COURT DATED:25/07/2025 ORDER WP NO. 19436 OF 2025 disposing of the W.P., WITHOUT COSTS