V IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 561 OF 2025 Between: Nalluri Venu, S/o. Nalluri Akkulu, Aged about 23 years, Occ: Carpenter & Welder works D No. 11-143, Ramanagar Village, Opp Rani Bhavanidevi Kalyanamandapam Challapalli Mandal, Krishna District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development Department, Velgapudi, Guntur District. 2. The Divisional Panchayat Officer, Krishna Dist. at Machilipatnam. 3. Lakshmipuram Gram Panchayath, Rep by its Panchayat Secretary, Lakshmipuram Village, Challapalli Mandal, Krishna 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 order or direction more particularly one in the nature of writ of Mandamus declaring the notice dated 2.1.2025 in ROC No. 5/2025 issued by the 3rd respondent who is an executing authority of respondents 1 and 2 asking the petitioner to vacate the alleged occupation without giving any opportunity with regard to his alleged occupation that too without issuing any prior notice by following law of the State affording any opportunity to me as illegal, capricious and violative of principles of natural justice and consequently set aside the same in the interest of justice. 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 in pursuance of the notice dt. 2.1.2025 in ROC No. 5/2025 issued by the 3rd respondent pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI. B NANCHARAIAH NAIDU Counsel for the Respondent Nos. 1&2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No. 3: SRI Y KOTESWARA RAO SC FOR ZPP, MPP ANDGP The Court made the following order: APHC010010552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 561/2025 Between: ...PETITIONER Nalluri Venu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.B NANCHARAIAH NAIDU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2 The Court made the following order: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “ to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the notice dated 2.1.2025 in ROC No.5/2025 issued by the 3 respondent who is an executing authority of respondents 1 and 2 asking the petitioner to vacate the alleged occupation without giving any opportunity with regard to his alleged occupation that too without issuing any prior notice by following law of the State affording any opportunity to the petitioner, as illegal, capricious and violative of principles of natural justice and consequently set aside the same in the interest of justice and to pass such other order or orders ....” Heard learned counsel for the petitioner and learned rd 2. counsel for the respondents. rd Assailing the notice dated 02.01.2025 issued by the 3 respondent, the present writ petition is filed. The 3’’^ respondent issued the impugned notice to the petitioner directing him to the encroachments in Rs.No.552 of Lakshmipuram Village, Challapalli Mandal, on the ground that the said land is notified as GP High Way Road. 3. remove On examining the impugned notice dated 02.01.2025, it manifests that it is a final notice. The O'"* respondent has neither issued any prior notice calling for an explanation from the 4. 3 petitioner. As such, it amounts to violation of principles of natural justice. Essentially this Court directs the petitioner to submit an 5. explanation for the impugned notice dated 02.01.2025, treating it as a show-cause notice, within a period of three (3) weeks from nd On submitting the explanation, the 2 the date of order. respondent is directed to examine the same and pass appropriate orders, in accordance with law and communicate the said decision to the petitioner, as expeditiously as possible. Till such time, respondents are directed not to take any coercive steps. With the above directions, the Writ Petition is disposed of. 6. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- N. NAGAWIMA assistant registrar SECTlONOFFlCER / //TRUE COPY// To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Velgapudi, Guntur District 2. The Divisional Panchayat Officer, Krishna Dist. at Machilipatnam. 3. The Panchayat Secretary, Lakshmipuram Gram Panchayath, Lakshmipuram Village, Challapalli Mandal, Krishna District. 4. One CC to Sri. B Nancharaiah Naidu Advocate [OPUC] 5. One CC to Sri. Y Koteswara Rao SC for ZPP, MPP and GP [OPUC] 6. Two CCs to GP for Panchayat Raj Rural Dev, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies GSC HIGH COURT DATED:08/01/2025 ORDER WP.No.561 of 2025 * 2 2 JAN 2025 | ^ . Currttiu oecuoii ^'®s4£e8PATCW*5i^ DISPOSING OF THE WP WITHOUT COSTS