APHC010422002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0? TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21470 OF 2Q2fi Between: 1. Peketi Satyanarayana, S/o. Gandhi, Aged 65 years, Occ: laundryman, R/o. D.No.3-60-1, Podalada, Near UP School, Razole Mandal, Dr. B.R. Ambedkar Konaseema District. 2. Adhikari Appa Rao, S/o. Chandraiah, Aged 51 years, Occ: Cold Drinks Vendor, R/o.D.No. 1-263, Podalada, Market Road, Tatipaka Village, Razole Mandal, Dr. B.R. Ambedkar Konaseema District. Tatipaka Village ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to the Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, (Panchayat Wing) Konaseema District at Amalapuram. 3. The District Panchayat Officer, Dr. B.R. Ambedkar Konaseema District at Amalapuram. 4. The Divisional Panchayat Officer, Amalapuram Division at Amalapuram. 5. Tatipaka Gram Panchayat, Rep.by its Executive Panchayat Secretary, Tatipaka Village, B.R.Ambedkar Konaseema District. Dr. B.R. Ambedkar Authority-cum- Razole Mandal, Dr. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the respondent in threatening to demolish petitioners^laundry and action of Respondents more particularly 5 cold drink shop and notice dated 02.06.2025 issued by 5‘^ respondent in that connection, as illegal, irregular, violative of principles of natural justice, provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Articles 14 and 21 of Constitution of India and consequently direct the Respondents not to interfere in any manner with petitioners' possession and enjoyment over the said shop and site. 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 notice 02.06.2025 issued by 5"^ pleased to suspend the operation of respondent and consequently direct the respondents not to interfere in any with petitioners laundry shop and cold drink shop respectively being manner carried out on a piece of land situated in Ward No. 13, Matam Road, Tatipaka Village, Razole Mandal, Dr. B.R. Ambedkar Konaseema District, pending disposal of the main Writ Petition. Counsel for the Petitioners: M/s. NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 4 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.5 ; SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT The Court made the following order: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.21470 OF 2025 ORDER;- This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus, questioning the action of the 4'^ respondent in issuing Notice dated 02.06.2025, threatening to demolish the laundry and cool drink shop belonging to the petitioners and consequently to set aside the same. 1. 2. Ms. Nimmagadda Revathi, learned counsel for the petitioners submits that, the petitioners are eking out their livelihood by running laundry.shop and cool drink shop in Ward No. 13, Matam Road, Tatipaka village, Razole Mandat, Dr. B.R. Ambedkar Konaseema District, without interruption whatsoever. Thereafter, the petitioners received notice from Respondent No.5/Tatipaka Gram Panchayat dated 02.06.2025 directing the petitioners to vacate the place where they raised small structures. Issuance of notice to the petitioners without following due I process of law is violative of principles of natural justice and contrary to law. Challenging the notice dated 02.06.2025, the present writ petition is filed. any 2 NVJ W.P.(\lo,21470of 2025 3. Neither any counter affidavit placed on record by the respondents. is filed nor any written instructions are 4. During hearing, Sri Y. Koteswara Rao, for Tatipaka Gram Panchayat submits alleged encroachers of the right to initiate action for with the procedure Pradesh Panchayat Raj Act receipt of the said notice, the petitioner did and requested to dismiss the writ petition. learned Standing Counsel Since the petitioners are the road margin. Respondent No.5 has every removal of such encroachments, in accordance contemplated under Section 98 of the Andhra 1994. He further submits that, despite not submit any explanation 5. Heard Ms. Nimmagadda petitioners, Sri Y. Koteswara Respondent No.5/Gram Panchayat on record. Revathi, learned counsel for the Rao, learned Standing Counsel for and perused the material available 6. It is not in dispute that Respondent No.5 - Tatipaka Grama Panchayat - issued a notice dated 02.06.202^ directing for removal of the alleged property. The petitioners, in their writ affidavit, has stated that, land in question is not reserved for any public any allotted house site and to the petitioners, encroachment from the subject land since the purpose nor it is a part of since it is a leftover portion of government 3 NV,J W.P.No.21470 of 2025 larid and also an unobjectionable land, as such, the petitioners have been using the subject land. 7. Having regard to the facts and circumstances of the case, this Court is of the opinion that the petitioners shall be given an opportunity to submit their explanation before Respondent No.5. Therefore, the notice dated 02.06.2025 be treated as show cause notice in compliance of f principle of “Audi Alteram Partem’’. Accordingly, the petitioners permitted to submit their explanation or objections, if any, within a period of two (02) weeks from the date of receipt of a copy of this order. Upon t. receipt of such explanation. Respondent No.5 shall consider the merits and pass appropriate orders in accordance with law, after affording fair and reasonable opportunity to the petitioners. are same on 8. Till such time appropriate orders are passed by Respondent No.5, status quo as on today with regard to possession of the subject property shall be maintained by all parties concerned. 9. With the above direction, writ petition is disposed of. No costs. 10. Consequently, miscellaneous applications pending if any, shall stand dismissed. Sd/- NNAGAMMA ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, 1. The Principal Secretary to the Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. Secretariat, B.R. Ambedkar 2. The District Collector, (Panchayat Wing), Dr. Konaseema District at Amalapuram. District Panchayat Officer, Dr. B.R. Ambedkar Konaseema District 3. The at Amalapuram. Divisional Panchayat Officer, Amalapuram Division at Amalapuram. 5. The Executive Authority-cum-Panchayat Secretary, Tatipaka Gram Razole Mandal, Dr. B.R.Ambedkar 4. The Panchayat, Tatipaka Village, Konaseema District. 6. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] GP for Panchayat Raj & Rural Development, High Court of 7. Two CCs to Andhra Pradesh [OUT] 8. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) 9. Two CD Copies Cnr HIGH COURT DATED: 12/08/2025 ORDER WP NO. 21470 OF 2025 g 2 2 SEP 2025 a . Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS