APHC010406112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■I MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20909 OF 2025 Between: V. Chaitanya Kumar Reddy, S/o. late Konda Reddy, Aged about 40 years R/o. Dr.No.4-183, Padmavathipuram, Tirupati, Tirupati District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Panchayatraj and Rural Development Department, Secretariat Velagapudi, Amaravati. 2. The District Panchayat Officer, Collector Office, Tirupati, Tirupati District 3. The Padmavathipuram Gram Panchayat, Represented by its Secretary, Tirupati Rural Mandal Tirupati District. 4. Dama Lakshmi, D/o. Late Adinarayana, C/o.WK Reddy, age major, R/O.D422, PARIMALA Rivera, Satya Sai Layout, 1st A Main Road, Whitefield, Bengaluru, Karnataka. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents particularly not considering the representations dated. 14.02.2025, respondents in 24.02.2025, 07.03.2025, 17.03.2025, 27.03.2025, 09.04.2025 and 21.07.2025 made by the petitioner aggrieved by the respondent no.3 in issuance of /proceedings. Roc.No.03/2025,dated. 12.02.2025, cancelling the house tax in the name of petitioner, D.no.4-183, Padmavathipuram, Tirupati.Tirupati District and Assessment No.556 as illegal and arbitrary and consequently set aside the same. 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 direct the respondents particularly Respondent No.2 to consider the representations dated; 14.02.2025, 24.02.2025, 07.03.2025, 17.03.2025, 27.03.2025, 09.04.2025 and 21.07.2025 made by the petitioner and pass Counsel for the Petitioner: SRI M. RAVINDRA Counsel for the Respondent Nos.1 & 2: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.3: SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.4:--- The Court made the following order: APHC010406112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 20909/2025 [3329] Between: 1 V CHAITANYA KUMAR REDDY, S/0. LATE KONDA REDDY^ AGED R/O. DR.NO.4-183, PADMAVATHIPURAM, ...PETITIONER ABOUT 40 YEARS, TIRUPATI, TIRUPATl DISTRICT. AND PRADESH, REP BY ITS PRINCIPAL AND RURAL DEVELOPMENT 1.THE STATE OF ANDHRA SECRETARY PANCHAYATRAJ department SECRETARIAT VELAGAPUDI AMARAVATI COLLECTOR OFFICER, PANCHAYAT DISTRICT 2.THE OFFlCE,TlRUPATl, TIRUPATl DISTRICT 3 THE PADMAVATHIPURAM GRAM PANCHAYAT, REPRESENTED BY SECRETARY,TIRUPATl RURAL MANDAL TIRUPATl DISTRICT, j. LATE ADINARAYANA, C/O.WK REDDY, AGE PARIMALA RIVERA, SATYA SAI LAYOUT, 1ST A ITS 4.DAMA LAKSHMI, D/O MAJOR, R/O.D422, main ROAD, WHITEFIELD, BENGALURU, KARNATAKA. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praymg that in t circumstances stated in the affidavit filed theretvith, the High Court may be □leased topleased to pass an order or direction more particularly one in t Lture of writ of Mandamus declare the action of the respondents in not considering the 2402 2025 07.03.2025, 17.03.2025, 27.03.2025, 09.04.2025 and 21,07.2025 petitioner aggrieved by the respondent no.2 in issuance of 03/2025,dated. 12.02.2025, cancelling the house tax in Padmavathipuram, Tirupati,TirupatiDistrict made by the proceedings. Roc.No. the name of petitioner, D.no.4-183 2 and Assessment No.556 as illegal and arbitrary and consequently set aside the same 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 direct the respondents particularly Respondent No.2 to consider the representations dated: 14.02.2025, 24.02.2025, 07.03.2025, 17.03.2025, 27.03.2025, 09.04.2025 and 21.07.2025 made by the petitioner and pass Counsel for the Petitioner: 1.M RAVINDRA Counsel for the Respondent(S): 1 .GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:20909/2Q25 f ) ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue an order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents, particularly respondent No. 2 in not considering the representations dated 14.02.2025, 24.02.2025, 07.03.2025, 17.03.2025, 27.03.2025, 09.04.2025 and 21.07.2025 made by the petitioner aggrieved by the respondent No.3 in issuance of proceedings Roc. No. 03/2025, dated 12.02.2025, cancelling the house tax in the name of petitioner, D. No. 4-183, Padmavathipuram, Tirupati, Tirupati District and Assessment No. 556 as Illegal and arbitrary and consequently set aside the and pass such other order or orders... ” same 2. Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development and learned Standing Counsel for Gram Panchayat appearing for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein has been in peaceful possession and enjoyment of the house property bearing D.No.4-183 situated at Padmavathipuram, Tirupati, Tirupati District since decades. Later in the year 2018, the subject property was assessed in the name of the petitioner and the petitioner became the owner of the subject house property. While so, pursuant to the complaint made by the 4 respondent to the 2'^'^ respondent, the 3'^^ respondent- Gram Panchayat issued th 4 V(» several notices dated 26.10.2024, 20.11.2024, 24.12.2024 and 06.01.2025 through registered post to the petitioner to produce all the documents to the 3^'' respondent to substantiate his right and title over the subject property. But, the petitioner did not produce any documents to show himself as the owner of the subject property. As such, after having conducted due enquiry, the 3'^ respondent issued impugned proceedings dated 12.02.2025 cancelling the order of assessment of house tax in favour of the petitioner. Learned counsel for the petitioner further submits that after issuance of impugned proceedings cancelling the house tax standing in the name of the petitioner, the petitioner submitted his detailed explanations on 07.03.2025, 4. 17.03.2025, 27.03.2025, 09.04.2025, 21.07.2025 by way of legal notice requesting the authorities to restore the house tax and assessment records in the name of the petitioner. Even though the petitioner submitted a detailed explanation on several occasions by way of legal notice, the 3'^ respondent- Gram Panchayat neither considered the said explanations nor passed any other proceedings which is the statutory duty conferred upon the 3 respondent. Aggrieved by the same, the petitioner herein filed the present writ rd petition. On the other hand, learned Standing Counsel for the Gram Panchayat 5. appearing for the respondents submits that the petitioner was initially issued several notices requesting him to submit all the relevant documents to substantiate his right and title over the subject property. But the petitioner herein did not submit any documents to prove his title over the subject % 5 property. In the absence of any documents, the request and representation of the 4*^ respondent, who is claiming as owner of the subject property was considered and the assessment order of the petitioner was duly cancelled by following due process of law and only after verifying the records available with the respondent No.3. Learned Standing Counsel for the respondents further submits that 6. even though the petitioner was issued notices on 26.10.2024, 20.11.2024, 24.12.2024 and 06.01.2025, no explanation was submitted by the petitioner but finally considering the records available with the 3'^'^ respondent the impugned order came to be passed. Therefore, the impugned order does not warrant any interference by this Court. In reply, learned counsel for the petitioner submits that he submitted representations/ explanations on 14.02.2025 and 24.02.2025 pursuant to the cancellation proceedings issued by the 3^'^ respondent dated 12.02.2025. But these representations/ explanations notices were submitted after passing of impugned order but not for the show cause notices issued by the 3 7. rd respondent. Considering the submissions made by the learned counsel for the petitioner and learned Standing Counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the 3"'^ respondent herein to consider the explanations/ representations submitted by the petitioner dated 8. 6 14.02.2025, 17.03.2025 and 21.07.2025 and pass a speaking order, after providing opportunity of hearing to the petitioner as well as 4‘^ respondent herein, within a period of two (02) months from the date of receipt of a copy of this order. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. 9. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. HAGmMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Panchayatraj and Rural Development Department, State of Andhra Pradesh, Amaravati. 2. The District Panchayat Officer, Collector Office, Tirupati, Tirupati District 3. The Secretary, Padmavathipuram Gram Panchayat, Tirupati Rural Mandal Tirupati District. 4. One CC to Sri M. Ravindra, Advocate [OPUC] 5. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 6. Two CCs to GP for Panchayat Raj and Rural Development, High of Andhra Pradesh [OUT] 7. Two CD Copies. Secretariat, Velagapudi Court ssb HIGH COURT DATED;11/08/2025 ORDER WP No.20909 OF 2025 disposing of w.p. without costs