IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY i TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 623 OF 2025 Between: 1. Nakkiri Peddi Raju, S/o Venkateswara Rao, Aged 51 years, Seelam Palleswara Rao, S/o Rama Rao, Aged 41 years, 3. Kattula Pandu Ranga, S/o Appa Rao, Aged 52 years, 4. Gunupudi Satyavathi, W/o Late. Krishna Rao, Aged 72 years, 5. Kalapu Ratnakumari, W/o Rama Rao, Aged 60 years, Yandrpu Veer Naga Raju, S/o Peddiraju, Aged 26 years, 7. Ogirala Raju, S/o Sriramulu Aged 66 years, 8. Vemulapalli Venkata Krishna Rao, S/o Puma Chandra Rao, Aged 50 years, 9. Cheepurupallli Kanaka Raju, S/o Anjaneyulu, Aged 52 years, 10. Kattula Ravi Kumar, S/o Appa Rao, Aged 51 years, 11. Sammetia Bala Ram, Suryanarayana, Aged 71 years, 12. Manepalli Dhana Lakshmi,, W/o Venkateswara Rao, Aged 50 years, 13. Akula Yesu Raju, S/o Pothu Raju, Aged 44 years, 14. Pedapudi Babu Rao, S/o Narasimhamurthy, Aged 66 years, 15. Ganta Srinivasa Rao, S/o Veera Swamy, Aged 50 years, 16. Taakasi Satyavathi, W/o Takasi Prakash Rao, Aged 73 Years, All are the artisan by their profession, R/o Chebrolu Village, Unguturu Mandal, Eluru District (Formerly West Godavari District). 2. 6. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government. Panchayat Raj Department. Secretariat, Velagapudi. Amaravati, Guntur District. 2. The District Collector (Panchayat Wing). Eluru District at Eluru. (Formerly West Godavari District) 3. The District Panchayat Officer, Eluru District at Eluru. (Formerly West Godavari District). 4. Chebrolu Grama Panchayat,.Rep. by its Executive Authority- Panchayat Secretary, Chebrolu Village, Unguturu Mandal, Eluru District at Eluru. (Formerly West Godavari District). 5. The Tahsildar, Unguturu Mandal, Eluru District at Eluru. (Formerly West Godavari District). 6. The Assistant Engineer, Minor Irrigation Department, Tadepalligudem, West Godavari District. 7. The Station House Officer Chebrolu Police Station, Ungutur Mandal, Eluru District. (Formerly West Godavari District) cum- ...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 order in the form of notice in Roc.No.2/2025, dated 03.01.2025 issued by the 4th respondent thereby directing demolition and eviction of petitioners from their respective houses and site properties situated in R.S.No.172, 173, 187 and 188 of Chebroiu Revenue Viiiage, in Unguturu Mandai of Eiuru District irrational as illegal, irregular, without any authority of law, violative of principles of natural justice and offends articies 14,21 and 300-A of Constitution of india and consequently direct the respondents not to interfere in any manner with petitioners said respective house and site properties. lA NO: 1 OF 2025 Pstition 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 suspend the proceedings ROC.No.2/2025, dated 03.01.2025 issued by the 4th respondent and consequently direct the respondents not to interfere in any manner with petitioners’ houses and site situated in R.S.No.172, 173, 187 and 188 of Chebrolu Revenue Village, in Unguturu Mandal of Eluru District pending disposal of the main writ petition. properties Counsel for the Petitioner: SRI CHINTAPALLI SRINIVAS Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR IRRIGATION & CAD Counsel for the Respondent No.7: GP FOR HOME The Court made the following: ORDER APHC010010862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 623/2025 Between: Nakkiri Peddi Raju and others ...PETITIONER(S) AND The State of Andhra Pradesh and others Counsel for the Petltioner(S): 1.CHINTAPALLI SRINIVAS Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR HOME 3.GP FOR REVENUE 4.GPFORIRRIANDCAD ...RESPONDENT(S) The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.623 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ, order or direction more particularlyone in the nature of WRIT OF MANDAMUS declaring the order in the form of notice in Roc.No.2/2025, dated 03.01.2025 issued by the 4 respondent thereby directing demolition and eviction of petitioners from their respective houses and site properties situated in R.S.No.172, 173, 187 and 188 of Chebrolu Revenue Village in Unguturu Mandal of Eluru District, as illegal. Irregular, irrational, without any authority of law, violative of principles of natural justice and offends Article 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to Interfere In any manner with petitioners said respective house and site properties and pass such other order or orders... ” th 2. Heard learned counsel for the petitioners and learned counsel appearing for the respondents. ! 3. The writ petitioners herein assailed the show cause notice, dated 03.01.2025 issued by the 4‘^ respondent/Panchayat Secretary of Narayanapuram Gram Panchayat, Unguturu Mandal. On examining \ the notice dated 03.01.2005 a final directive was issued to the petitioners to remove the encroachments within seven (7) days from the date of receipt of the impugned notice. The said impugned notice was issued on the direction of this Court in W.P. No.30888 of 2024. This Court specifically posed a question about the maintainability of the writ petition as the impugned notice Court. There i was issued as directed by this counsel for the petitioners. IS no answer from the learned 4. However, the petitioners Court essentially directs the to the notice issued vide R. respondent within copy of this order and the 4^*^ are being landless petitioners herein to submit poor persons, this an explanation O.C.No.2/2025 dated 03.01.2025 by the 4 a period of two weeks from the date of receipt of a on receipt of such explanation by the petitioners, respondent/Panchayat secretary is hereby directed to examine in accordance with law. Till not to take the same and pass appropriate orders i respondents are hereby directed coercive steps against the petitioners. such time, the any 5- Accordingly, the Writ Petition i order as to costs. IS disposed of. There shall be no As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- K. TATA RAO EGISTRAR //TRUE COPY// DEPU To, SECTION OFFICER 1 ■ The Principal Secretary to Government State of Andhra Pradesh, Secretariat, District. 2. The District Collector ’ Panchayat Raj Department, Velagapudi, Amaravati, Guntur (Panchayat Wing), Eluru District at Eluru. (Formerly West Godavari District) 3. The District Panchayat Officer Godavari District). (Formerly West " pairar y , Village, Unguturu Mandal, Eluru District at Eluru. (Formerly West Godavari District). 5. The Tahsildar, Unguturu Mandal, Eluru District at Eluru. (Formerly West Godavari District). 6. The Assistant Engineer, Minor Irrigation Department, Tadepalligudem, West Godavari District. 7. The Station House Officer, Chebrolu Police Station, Ungutur Mandal, Eluru District. (Formerly West Godavari District) 8. One CC to Sri Chintapalli Srinivas, Advocate [OPUC] 9. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Panchayat Raj and Rural Development, High Court Of Andhra Pradesh. [OUT] 11. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 12. Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 13. Two CC’s to GP for Home, High Court of A.P. at Amaravati[OUT] 14. Three CD Copies. ssb ssb HIGH COURT DATED:09/01/2025 i 2) JAN 2025 m ORDER WP.No.623 of 2025 ^ . Current Secxion . ^ DISPOSING OF THE W.P. WITHOUT COSTS