APHC010428382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21805 OF 2025 Between: Cherukuri Prameela Rani, W/o. Cherukuri Satyanarayana years, Occ; Housewife, Vengayapalem Village, Pathipadu Mandal, Guntur District, Andhra Pradesh. Aged about 53 R/o. H. No. 4-292, Lakshmi Narasimhapuram ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchyat Raj and Rural Development Department, Secretariat Velagapudi, Amaravathi, Guntur District. 2. The District Collector, (Panchayat Raj wing), Guntur District at Guntur. 3. The Revenue Divisional Officer, Guntur Revenue District. Andhra Pradesh. 4. The Divisional Panchayat Officer, Panchyat Raj and Rural Development Department, Guntur. 5. The Tahsildar, Guntur Rural Mandal, Guntur District. 6. The Vengalayapalem Gram Panchayat, Rep. by its Panchayat Secretary, Vengalayapalem Village, Guntur District. Buildings Division, Guntur ...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, high-handed acts, deeds, things of the P respondents particularly the 6^^ respondent in initiating proceedings under section 7 notice vide Rc. No.01/2025, dated 07.08.2025 of the Land Encroachment Act, 1905 and Andhra Pradesh Panchayath Raj Act without considering the explanation submitted by the petitioner dated 05.05.2025 and 14.07.2025 for the notice vide Rc. No.1/2025, dated 02.05.2025 1994 as illegal, arbitrary and without jurisdiction and against the Provisions of Land Encroachment Act 1905 and violation of Andhra Pradesh Panchayat Raj Act, 1994 and also principles laid down in Government of Andhra Pradesh Vs Tummala Krishna Rao reported in AIR 1982 SC 1081 and violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents to set aside the proceedings vide Rc. No. 01/2025, dated 07.08.2025 under Section 7 of the Land Encroachment Act, 1905. 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 grant stay of all further proceedings of the 6th respondent notice/order vide Rc. No. 01/2025, dated 07.08.2025 under section 7 of land Encroachment Act 1905, pending disposal of the above writ petition. lA NO: 2 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 respondent No. 6 not to demolish /dispossess the petitioner from the land in Sy. No.933/A to an extent of Ac. 0.04 Cents situated at Venagalayapalem Village and Mandal, Guntur District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI RAJENDRA C Counsel for the Respondent Nos.1,2 & 4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT i ' 1 !'■ Counsel for the Respondent Nos.3 & 5:GP FOR REVENUE Counsel for the Respondent No.6:SRI M. SUDHIR, SC FOR ZPP, MPP & GRAM PANCHAYAT I f The Court made the following order: APHC010428382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21805/2025 [3329] Between: W/0. CHERUKURI OCC- 4-292, LAKSHMI PRAMEELA RANI, , AGED ABOUT 53 YEARS, R/0. H. NO. 1.CHERUKURI SATYANARAYANA narasimhapu’ram, vengayapalem village, pathipadu MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL PANCHYAT RAJ AND RURAL DEVELOPMENT SECRETARY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DISTRICT COLLECTOR, (PANCHAYAT RAJ WING) 2.THE GUNTUR DISTRICT AT GUNTUR. 3 j|_|£ REVENUE DIVISIONAL OFFICER, GUNTUR REVENUE DIVISION, GUNTUR DISTRICT. ANDHRA PRADESH. 4.THE DIVISIONAL PANCHAYAT OFFICER, PANCHYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GUNTUR. GUNTUR RURAL MANDAL GUNTUR 5.THE TAHSILDAR DISTRICT 6.THE . PANCHAYAT SECRETARY, GUNTUR DISTRICT. VENGALAYAPALEM GRAM PANCHAYAT, REP. BY ITS VENGALAYAPALEM VILLAGE, ...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 order or direction, more particularly one in the nature of writ of Mandamus declaring the high handed acts, deeds, things of the respondents particularly the 6th respondent in initiating proceedings under section 7 notice v'^le Rc. No^ 01/2025, dated 07.08.2025 of the Land Encroachment Act, 1905 and Andhra Pradesh Panchayath Raj Act, 1994 without considering the explanation submitted by the petitioner dated 05^05_2025 and 14 07 2025 for the notice vide Rc. No. 1/2025, dated 02.05.2025 as and without jurisdiction and against the Provisions of illegal, arbitrary 2 NV,J W.P.No.21805 of 2025 Land Encroachment Act 1905 and violation of Andhra Pradesh Panchayat Raj Act, 1994 and also principles laid down in Government of Andhra Pradesh Vs Tummala Krishna Rao reported in AIR 1982 SC 1081 and violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direcct the respondents to set aside the proceedings vide Rc. No. 01/2025, dated 07.08.2025 under Section 7 of the Land Encroachment Act, 1905 and to 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 grant stay of all further proceedings of the 6th respondent notice/order vide Rc. No. 01/2025, dated 07.08.2025 under section 7 of land Encroachment Act 1905, pending disposal of the above writ petition and to pass lA NO: 2 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 respondent No. 6 not to demolish /dispossess the petitioner from the land in Sy. No. 933/A to an extent of Ac. 0.04 Cents situated at Venagalayapalem Village and Mandal, Guntur District, pending disposal of the above writ petition and to > pass' Counsel for the Petitioner: 1.RAJENDRAC Counsel for the Respondent(S); 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ..'f WRIT PETITION NO.21805 OF 2025 ORDER:- The case of the petitioner herein is that the owner and possessor of land of an extent of Ac.0-06 cents in Sy.No.933/A, Vengalayapalem Village, Guntur Rural Mandal & District. The petitioner got constructed a 1. complex 20 years back and she has been in peaceful possession and enjoyment of the said property without any interference. While so. Respondent No.6/Gram Panchayat issued Notice vide Rc.No.1/2025 dated 02.05.2025 stating that the petitioner has encroached the main road and constructed a shopping complex without leaving pathway to the side of one Movva Babu Rao and directed the petitioner to submit explanation and substantiate her claim/ownership rights over the subject property, pursuant to the complaint lodged by one Movva Babu Rao i.e. neighbor of the petitioner. After receipt of the said notice, the petitioner submitted her explanation on 14.07.2025, wherein the petitioner categorically explained about acquisition of the property and about construction of the said building. Without proper consideration of the explanation, again Respondent No.6/Gram Panchayat issued Notice R.C.No. 1/2025 dated07.08.2025 alleging that the petitioner encroached the gram panchayat poramboke land and got constructed the shopping 2 NV,J W.P.No.21805 of 2025 complex without obtaining valid permission, which is objectionable under Section 7 of the A.P. Land Encroachment Act and also Section 98 of A.P. Panchayat Raj Act, 1994. Questioning the action of Respondent No.6, in issuing Notice dated 07.08.2025, the present writ petition is filed. No counter affidavit is filed or written instructions are furnished by 2. the respondents. During hearing, learned counsel for the petitioners submits that 3. without considering the explanation of the petitioner, again issuing notice dated 07.08.2025 stating that the petitioner has occupied the gram panchayat poramboke land is contrary to law and liable to be set-aside. On the other hand, learned Standing Counsel for Respondent 4. No.6A/engalayapalem Gram Panchayat and learned Government Pleader for Revenue appearing for Respondent No.5 submits that, the explanation of the petitioner was duly considered while issuing the impugned notice and the impugned notice itself referred the explanations and representations of the petitioner dated 05.05.2025 and 14.07.2025 and the same were discussed in Paragraph No.2 of the notice and after having coming to conclusion that the petitioner occupied the gram panchayat poramboke land and got constructed shopping complex without proper approvals and necessary permissions. Respondent No.6 3 NV,J W.P.No.21805 of 2025 issued the impugned notice. Hence, Respondent No.6 proposed to initiate action against the petitioner under Section 7 of the A.P. Land Encroachment Act and also Section 98 of A.P. Panchayat Raj Act, 1994, for eviction of the encroacher, as such, issuance of notice is in accordance with law, thereby the impugned notice does not warrant any interference of this Court. / ly learned counsel for the petitioner, learned Government and learned Standing Counsel for Respondent Gram Panchayat and perused the material 5. Heard Pleader for Revenue No.6A/engalayapalem available on record. of the notice issued by the Gram Panchayat, it petitioner has constructed a commercial complex on the been purchased by her husband through an Upon examination appears that the land claimed to have agreement of sale dated 16.03.1999. It is alleged that the construction 6. . However, there is no supporting took place approximately 20 years ago evidence on record such as building permission was granted or property have been assessed as a The only document filed by the petitioner is a set of tax receipts indicating that the premises commercial complex, electricity consumption bills for the year 2025. ■ 4 NVJ W.P.No.21805 of 2025 It is a settled principle of law that ownership of immovable property must be established through a valid and registered title deeds. In the present case, the petitioner's claim is based on an agreement of sale, which does not constitute any valid title under law. Moreover, the respondents assert that the land in question is government 'poramboke' 7. land. In view of the nature of land as stated, which cannot be alienated or registered in private ownership. In the absence of a valid registered document establishing the petitioner’s title, the contention of the respondents ought to be considered, subject to any further evidence they may produce. Through the impugned notice, the respondents have directed the 8. petitioner to vacate the subject property within 15 days, invoking Section 7 of the A.P. Land Encroachment Act and Section 98 of the A.P. Panchayat Raj Act, 1994. However, before taking such action, the petitioner must be given an opportunity to be heard. Therefore, the petitioner is permitted to file a detailed explanation, along with all supporting documents substantiating her claim over the subject property countering the respondents contention that it is government land. The petitioner shall file an explanation to the respondents within two weeks from the date of receipt of a copy of this order. Upon receipt of the explanation from the petitioner. Respondent No.6/Gram Panchayat shall 5 NV,J W.P.No.21805 Of 2025 consider the matter and pass appropriate orders in accordance with law within four weeks thereafter. In the meantime, all parties are directed to maintain status quo concerning the subject property. With the above direction, writ petition is disposed of. No costs. 9. Consequently, miscellaneous applications pending if any, shall 10. stand dismissed. Sd/- Wl. SRINIVAS assistant registrar SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Panchyat Raj and Rural Development of Andhra Pradesh, Secretariat Buildings, Department, State Velagapudi, Amaravathi, Guntur District. 2. The District Collector, (Panchayat Raj wing) Guntur District at Guntur. Divisional Officer, Guntur Revenue Division, Guntur 3. The Revenue District. Andhra Pradesh. Divisional Panchayat Officer, Panchyat Raj and Rural Development 4. The Department, Guntur. 5. The Tahsildar, Guntur Rural Mandal, Guntur District. 6. The Panchayat Secretary, Vengalayapalem Gram Panchayat, Vengalayapalem Village, Guntur District. 7. One CC to Sri Rajendra C, Advocate [OPUC] 8. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. ssb HIGH COURT 1 DATED:14/08/2025 ORDER WP No. 21805 OF 2025 g 15 SEP 2025 m c#/,* . Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS