APHC010410332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) V"' V'' THURSDAY. THE SEVENTH DAY OF AUGUSTv-- TWO THOUSAND AND TWENTY FIVE v PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDAv- WRIT PETITION NO: 21105 OF 2025 w Between: V'- Smt. Alapaka Lakshmi, W/o. Hanumanthu, Aged 38 years, Occ. Agriculture, R/o. Kotha Koduru Village, Thotapalliguduru Mandal, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravathi. 2. The Koduru Grama Panchayat, Rep. by its Panchayat Secretary, Koduru Village, Thotapalli Guduru Mandal, SPSR Nellore District. 3. The Tahsildar, Thotapalli Guduru Mandal, SPSR Nellore 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 of Mandamus or any other appropriate writ or direction declaring the impugned notice dated 18.07.2025 of the 2nd respondent, whereby directing the petitioner to vacate the land by removing the paddy crop under cultivation to an extent of Ac. 2,6t) cents in Sy. No. 1105, Kotha Kodum Village, Thotapalli Guduru Mandal, SPSR Nellore District, which is contrary to the order passed by this Hon’ble Court dt.21.12.2024 in lA. No. 1 of 2024 in V-.'" V- ' WP No. 30104 of 2024 and also contrary to the proceedings of the 3rd •respondent vide Rc.B. 840)2024. dt.20.01 !'2025, as illegal, arbitrary and f ? violating audi alteram partem and consequently, set-aside the same by • directing the 2nd respondent not to interfere with the possession of the '.petitioner to the extent of Ac. 2.& cents in Sy. No. 1105, Kotha Koduru Village, Thotapalli Guduru Mandal, SPSR Nellore District.^ 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 stay the operation of the impugned notice dated 18.07^2025 of the 2nd respondent by directing the 2nd respondent not to interfere with the possession of the petitioner to the extent of Ac. 2m cents in Sy. No. 1 l"d5, Kotha Koduru Village, Thotapalli Guduru Mandal, SPSR Nellore District, pending writ petition. Counsel for the Petitioner: SRI Y V S S DHARANEESH Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: SRI M SUDHIR (SC FOR ZPPS, MPPS &GP) Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following order: I.--'' APHC010410332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MM THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21105/2025 Between: 1.ALAPAKA LAKSHMI, W/0. HANUMANTHU, AGED 38 YEARS, OCC. R/0. KOTHA KODURU VILLAGE, AGRICULTURE, THOTAPALLIGUDURU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE KODURU GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KODURU VILLAGE, THOTAPALLI GUDURU MANDAL, SPSR NELLORE DISTRICT. 3.THE TAHSILDAR, THOTAPALLI GUDURU MANDAL, NELLORE DISTRICT. SPSR ...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 topleased to issue a writ of mandamus or any other appropriate writ direction declaring the impugned notice dated 18.07.2025 of the 2nd respondent, whereby directing the petitioner to vacate the land by removing the paddy crop under cultivation to an extent of Ac. 2.00 cents in Sy. No. or 2 1105. Kotha Kodum Village, Thotapalli Guduru District, which is dt.21.12.2024 in LA. Mandal, SPSR Nellore Court and also contrary to the order passed by this Honble No. 1 of 2024 in WP No. 30104 of 2024 contrary to the proceedings of the 3rd respondent vide dt.20.01.2025. Rc.B. 840/2024, as illegal, arbitrary and violating audi alteram ' same by directing the 2nd respondent not interfere with the possession of the petitioner to the extent of Ac. 2.00 cents in Thotapalli Guduru Mandal, SPSR Nellore District and pass partem and consequently, set-aside the to lA NO: 1 OF 202.4 Petition under Section 151 CPC in ^-1 ^ • praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay the operation of the impugned notice dated 18.07 2025 of the 2nd respondent by directing the 2nd respondent not to interfere with the possession of the petitioner to the extent of Ac. 2.00 cents in Sy. No. 1105 Ota Koduru Village, Thotapalli Guduru Mandal, SPSR Nellore District pending writ petition and pass Counsel for the Petitioner: 1.YVS S DHARANEESH Counsel for the Respondent{S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: 4 ■ 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21105/2025 ORDER; This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the impugned notice dated 18.07.2025 of the respondent, whereby directing the petitioner to vacate the land by removing the paddy crop under cultivation to an extent of Ac. 2.00 cents in $y.No.1105, Kotha Koduru Village, Thotapalli Guduru Mandal, SPSR Nellore District, which is contrary to the order passed by this Hon’ble Court dt.21.12.2024 in LA. No. 1 of 2024 in WP No. 30104 of 2024 and also contrary to the proceedings of the 3''^ respondent vide Rc.B. 840/2024, dt.20.01.2025, as illegal, arbitrary and violating audi alteram partem and consequently, set-aside the same by directing the 2 respondent not to interfere with the possession of the petitioner to the extent of Ac.2.00 cents in Sy.No.1105, Kotha Koduru Village, Thotapalli Guduru Mandai, SPSR Nellore District and pass ” nd Heard learned counsel for the petitioner, learned Standing Counsel for 2. the Gram Panchayat and learned Government Pleader for Revenue. The learned counsel for the petitioner submits that the petitioner is the 3. absolute owner and possessor of land admeasuring Ac.2.00 cents situated in Survey No.1105 of Kothakoduru Village, Thotapalliguduru Mandal, SPSR Nellore District, lit is submitted that, on an earlier occasion, the respondents. 4 particularly the Tahsildar, attempted to interfere with the petitioner’s possession and threatened to dispossess him from the said property^ Aggrieved by such action, the petitioner approached this Court by filing W.P.No.30104 of 2024. Upon considering the matter, this Court was pleased to pass the following order on 21.12.2024: th “Learned Standing Counsel appearing on behalf of the 5 respondent submits that after filing of the writ petition, the 5 respondent initiated action against the 7^^ respondent by erecting notice board on the land cultivating by the respondent. th Learned counsel for the petitioners is permitted to take out personal notice to respondent Nos. 6 and 7 through registered post with acknowledgment due and file proof of service in the Registry. List the matter after Sankranti Vacation, 2025. Meanwhile, official respondents are directed to issue notice to the unofficial respondents and call for an explanation." Learned counsel for the petitioner further submits that, despite the 4. specific directions of this Court directing the respondents to issue prior notice and afford an opportunity of explanation before initiating any further action, the 2'^'^ respondent-Gram Panchayat has, contrary to such directions, issued the impugned notice dated 18.07.2025. It is submitted that the said notice was issued without affording any opportunity of explanation to the petitioner and directly restrained the petitioner from carrying out any activities on the subject land. Such an action is in clear violation of the directions issued by this Court 5 in its ord$r dated 21.12.2024. Therefore, the impugned notice dated 18.07.2025 is liable to be set aside. On the other hand, the learned Standing Counsel for the Gram 5. Panchayat and the learned Government Pleader for Revenue submit that, in light of the specific directions issued by this Hon’ble Court, the 2'^'^ respondent- Gram Panchayat ought to have issued a notice calling for an explanation from the petitioner prior to taking any action in spite of restraining the petitioner’s possession over the subject property. 6. It is further submitted that let there by a direction from this Court to the petitioner to submit an explanation in response to the impugned notice. In compliance with this Court’s earlier directions, the respondents will consider the same and thereafter pass appropriate orders in accordance with law. Considering the submissions made by both learned counsel and upon 7. perusal of the material available on record, it is observed that this Court, by its order dated 21.12.2024, had specifically directed the respondents to issue a notice and call for an explanation from the petitioner before proceeding further. However, the 2^^ respondent, in deviation of the specific directions issued by this Court, has issued the impugned notice restraining the petitioner } ‘ from carrying out any activities on the subject property, without calling for an explanation is certainly deviation from the orders of this Court by the 6 respondent Nos.6 and 7. Such an action clearly amounts to a violation of the order passed by this Court on 21.12.2024. In view of the submissions made by the learned Standing Counsel for Gram Panchayat and learned Government Pleader for Revenue, this Court is inclined to treat the impugned notice dated 18.07.2025 as show-cause notice, for which, the petitioner is hereby directed to submit explanation within a period of two (02) weeks from the date of receipt of a copy of this order. After respondent is directed to consider the same and pass a speaking order, by providing an opportunity of personal hearing to the petitioner and other stake holders, if any, in accordance with law, within a period of two (02) months thereafter. 8. nd such submission, the 2 In the meanwhile, the respondents are directed not to interfere with the 9. petitioner’s peaceful possession. In the result, the Writ Petition is disposed of. There shall be no order as 10. to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- M PRABHAKAR RAO assistant RE^STRAR Officer //TRUE COPY// SECTIO To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amarava^i. 2. The Panchayat Secretary, Koduru Grama Panchayat, Koduru Village, Thotapalli Guduru Mandal, SPSR Nellore District. 3. The Tahsildar, Thotapalli Guduru Manda!, SPSR Nellore District. 4. One CC to Sri Y V S S Dharaneesh, Advocate [OPUC] 5. One CC to Sri M Sudhir (^.for ZPPS, MPPD & GP), Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF I! ;T U. HIGH COURT DATED:07/08/2025 ORDER WP NO. 21105 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS