APHC010388882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20269/2025 Between: 1. NIMMA MURALI KRISHNA, S/O. VIJAYA SAGAR BABU, AGED ABOUT 37 YEARS, R/O. AMARAVATHI VILLAGE AND MANDAL, PALNADU DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT, NARASARAOPET. 3. THE DISTRICT PANCHAYAT OFFICER, NARASARAOPET, PALNADU DISTRICT. 4. THE DIVISIONAL PANCHAYAT OFFICER, NARASARAOPET, PALNADU DISTRICT. 5. THE TAHSILDAR, AMARAVATHI MANDAL, PALNADU DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, AMARAVATHI VILLAGE, AMARAVATHI MANDAL, PALNADU DISTRICT. 7. AMARAVATHI GRAM PANCHAYAT, REP. BY THE PANCHAYAT SECRETARY, AMARAVATHI VILLAGE AND MANDAL, PALNADU DISTRICT, A.P 2 ...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 tomay be pleased to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in making hectic efforts to demolish the Petitioners house situated in an extent of 347 Sq. Yds. in D.No.250/1 of Amaravathi Village and Mandal, Palnadu District without issuing any prior notice to the Petitioner as highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioner for his house property situated in an extent of 347 Sq. Yds. in D.No.250/1 of Amaravathi Village and Mandal, Palnadu District and pass such 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 may be pleased to pass an interim order by directing the Respondents not to demolish the Petitioner’s house property situated in an extent of 347 Sq. Yds. in D.No.250/1 of Amaravathi Village and Mandal, Palnadu District, until disposal of the above writ petition, and pass such Counsel for the Petitioner: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:20269/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in making hectic efforts to demolish the Petitioners house situated in an extent of 347 Sq.Yds. in D.No.250/1 of Amaravathi Village and Mandal, Palnadu District, without issuing any prior notice to the Petitioner as highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioner for his house property situated in an extent of 347 Sq.Yds. in D.No.250/1 of Amaravathi Village and Mandal, Palnadu District and pass such of other order or orders....” 2. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land to an extent of 347 Sq.yds situated in D.No.250/1 of Amaravathi Village and Mandal, Palnadu District. Later, the petitioner got constructed an RCC roof building consisting of three floors and he has been residing at the subject house property without there being any interference. While so, the respondents without issuing any notice, 4 they are taking steps to demolish the petitioner’s property on the ground that the petitioner encroached into R&B road and constructed a house, without following due process of law as contemplated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 and Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002. For which, respondent No.4 issued impugned notice dated 13.06.2025 to respondent No.6 to remove the encroachments after conducting survey. Pursuant to the said proceedings, respondent No.6 submitted proceedings dated 26.06.2025 to respondent No.4 to depute necessary officials for removing the encroachments after having due survey and demarcation of land. 4. Learned counsel for the petitioner further submits that unless survey and demarcation was conducted after following due process as contemplated under the Andhra Pradesh Survey and Boundaries Act, 1923 the subject house property of the petitioner cannot be interfered. 5. On the other hand, learned Standing Counsel for the Gram Panchayat/ respondent No.7 categorically states that the petitioner did not obtain any permission, whatsoever, for construction of multi-storey residential building at the subject site. He further submits that the petitioner and others who are abutting to the subject R&B road had occupied some extent of road margin and got constructions at the cost of public interest. He further submits that now the respondent authorities are in the process of identifying the encroachments by conducting survey and demarcation, after issuing due notice to the petitioner and other property holders who occupied the road 5 margin of the R&B road. After identification of road margin, encroachments if any by the petitioner in respect of the R&B road margin, the respondent gram panchayat will proceed further by following due process of law as contemplated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994. 6. Considering the submissions made by the learned counsel for the petitioner, and learned Standing Counsel for the respondents and learned Government Pleader for Panchayat Raj and Rural Development and on perusal of the material placed on record, particularly, the impugned notice dated 26.06.2025 indicates that the respondent authorities including respondent No.7 are taking steps for identification of encroachments in respect of R&B road by the petitioner and other encroachers, if any. Moreover, if any encroachments were found, after having conducted survey, the same shall be removed by following due process of law. 7. In view of the foregoing discussion, the present writ petition is disposed of, directing the respondents, more particularly, respondent No.7 to issue notices while conducting survey and demarcation not only to the petitioner land but also to the other alleged encroachers as per Section 10 of the A.P.Survey and Boundaries Act, 1923. After conducting such survey and after identifying encroachments, if any, by the petitioner as well as other encroachers, the respondent authorities are at liberty to proceed further in accordance with law as contemplated under section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 as well as Andhra Pradesh Survey and Boundaries 6 Act, 1923. In the meanwhile, the respondents including respondent No.7 are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 05.08.2025 BSP 7 190 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.20269 of 2025 05.08.2025 BSP