IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 646 OF 2025 THE Between: 1. Sha Mohammad Hussain, S/o Fayaz Ahammad, Aged 47 years, Occ: Tea Shop, R/o D.No.5-107/1, Near Railway Gate, Chebrolu Village, Unguturu Mandal, Eluru District.(Formerly as West Godavari District). Neekuri Aaseervadham, S/o Late. Neekuri Kondaiah, Aged 56 years, , Occ: Farmer, R/o D.No.3-98-2, Narayanapuram, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). 3. Bantupalli Standil Babu, S/o Kanaka Rama Rao, Aged 40 years R/o D.No. 3-108, Narayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). 4. Kottu Suiyachandar Rao, S/o Venkateswara Rao, Age 50 years, , R/o D.No.5- 165, Naryayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). 5. BantupalliJayalakshmi,W/o KanakaRama Rao, Aged 60 years, Occ: Cooli, , R/o D.No.5-108, Narayanapuram Village, Unguturu Mandal, Eluru District.(Formerly as West Godavari District). 6. Balia Trimurthulu, S/o Appa Rao, Aged 58 years, Occ: Cooli, , R/o D.No. 6-86, Narayanapuram Village, Unguturu Mandal, Eluru District.(Formerly as West Godavari District). 7. Yerra Ram Babu, S/o Subba Rao, Aged 34 years, Occ: Cooli, , R/o D.No.4-140, Narayanapuram Village, Unguturu Mandal, Eluru District.(Formerly as West Godavari District). 8. Eluri Jayalakshmi,W/o Veer Raghavulu, Aged 70 years, Occ: Cooli, , R/o D.No.3-105, Narayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari Distriptl 2. 9. Ravada Govinda Reddy, S/o Appa Rao Reddy, Aged 55 years, Occ: Scrap Shop, R/o D.No.3-14/2, Narayanapuram Village, Unguturu Mandal, Eluru District.(Formerly as West Godavari District). Seelam Rama Rao, S/o Seelam Palleswara Rao, Aged 68 years, Occ: Tiffin Center, R/o D.No.4-127, Narayanapuram Village, Unguturu Mandal, Eluru District.(Formerly as West Godavari District). Palaparthi Muralikrishna, S/o Seetha Ramanjaneyulu, Aged 43 years, Occ: Tiffin Center, R/o D.No.6-107/1, 11th ward, Main Road, Narayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). Potnuru Chinnayya, S/o Sesha Rao, Aged 72 years, Occ: Business, R/o D.No.3-47, Narayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). Bommidi Anil Kumar, S/o Bommidi Peddiraju, Aged 54 years, Occ: Mechanic, R/o D.No.3-18, Narayanapuram Village, Unguturu Mandal, ’ Eluru District. (Formerly as West Godavari District). Syed Sardar, S/o Syed Ahamed Basha, Aged 40 years, Occ: T3a-e Puncture Shopl, R/o D.NO.5-143, Narayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). Kandrathi Nanchara3^a, S/o Veeraswamy, Aged 63 years, Occ: Blacksmith, R/o D.No.2-148, Narayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). . Vedagiri Krishna, S/o Surayanarayana, Aged 42 years, Occ: Mechanic, R/o D.No.2-249, Narayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). Korada Venkateswara Rao, S/o Challa50^a, Aged 62 years, Occ: Mechanic, R/o D.No.1-14, Rachuru Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). 10. 11. 12. 13. 14. 15. 16. 17. r - 5" 18. Marisetti Anjaneyulu, S/o Raghavulu, Aged 51 years, Occ; Radio Mechanic, R/o D No 1-15 Narayanapuram Village, Unguturu Mandal, ’ Eluru District. (Formerly as West Godavari District). ) 19. Gedela Ranga Rao, S/o Gedela Kanakam, Aged 57 years, Occ: Mechanic, R/o D.No.2-144 Narayanapuram Village, Unguturu Mandal, as West Godavari District) Uddahala Srmivas, S/o Appa Rao, Aged 52 years, Occ: Tjrre Repairing Shop, R/o 3-111 Narayanapuram Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). Devadi Yesu Babu, S/o Devadi Nageswara Rao Aged 43 years, R/o D.No. 1-31, Main Road Rachuru Village, Unguturu Mandal, Eluru District. (Formerly as West Godavari District). 20. 21. Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretaiy 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. Narayanapuram Grama Panchayat, Rep. by Its Executive Authority-cum-Panchayat Secretary Narayanapuram Village, Unguturu Mandal, luru District at Eluru. (Formerly West Godavari 5. The Tahsildar, Unguturu Mandal, Eluru District at Eluru. (Formerly West Godavari 6. The Assistant Engineer, Minor Irrigation Department, Tadepalligudem, West Godavari District. District). District). 7. The Inspector of Police, Ganapavaram Circle Police Station, Ganapavaram Village 85 Mandal, Eluru District (Formerly as West Godavari District). G> 8. The Station House Officer, Chebrolu Police Station, Ungutur Mandal, Eluru District. (Formerly West Godavari District) Respondents Pet,t.on under Article 226 of the Constitution of India praying that in the crcumstances 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.4/2024, dated 0.2.01.2025 i directing demolition and and site properties situated i issued by the 4th respondent thereby eviction of petitioners from their respective houses situated in of Eluru in an extent of Ac.2.00 cents R.S No.ISS & 159 of Narayanapuram District (formerly known Village, Unguturu Mandal as West Godavari District), without any authority of law, justice and offends articles 14, as illegal, irregular, violative of principles of natural 21 and 300-A of Constitution of India irrational , and not to interfere in any manner with and site properties. consequently direct the respondents petitioners said respective house LA NO: 1 OF 202.*^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i pleased to in support of the petition, the High Court proceedings ROC.No.4/2024,dated respondent not to interfere i may be 02.01.2025 suspend the issued by the 4 in any manner with petitioner’s cents, situated in Village, Unguturu mandal of Eluru as west Godavari District), pending disposal houses and site properties situated in an extent of Ac.2.00 R.S.No.158 and 159 of Narayanapuram District(formerly known of the mam writ petition Counsel for the Petitioner; Counsel for the Respondent Nos. SRI CHINTAPALLI SRINIVAS 1 to 3: GP FOR PANCHAYAT RAJ rural DEVELOPMENT 4: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT No.5: GP FOR REVENUE & Counsel for the Respondent No. Counsel for the Respondent Counsel for the Respondent Counsel for the Respondent Nos. The Court made the following; ORDER No.6; GP FOR IRRIGATION & CAD 7 & 8; GP FOR HOME f APHC010010882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE QMS [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 646/2025 Between; Sha Mohammad Hussain and others AND ...PETITIONER(S) ...RESPONDENT(S) 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.GP FOR IRRI AND CAD The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.646 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 particularly one in the nature of WRIT OF MANDAMUS declaring the order in the form of notice in Roc.No.4/2024, dated 02.01.2025 issued by the 4 respondent thereby directing demolition and eviction of petitioners from their respective houses and site properties situated in an extent of Ac.2.00 cents, situated in R.S.No.158 & 159 of Narayanapuram Village, Unguturu Mandal of Eluru District (formerly known as West Godavari 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 petitioner’s 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 02.01.2025 issued by the 4"^ respondent/Panchayat Secretary of Narayanapuram Gram Panchayat, Unguturu Mandal. On examining the notice dated 02.01.2005 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 _ 3 the writ petition as the impugned notice was issued as directed by this Court. There is no answer from the learned counsel for the petitioners. However, the petitioners are being landless poor persons, this Court is essentially directs the petitioners herein to submit an explanation for the notice issued vide R.O.C.No.04/2024 dated 02.01.2025 by the 4**" respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of such explanation by the petitioners, the 4**^ respondent/Panchayat secretary is hereby directed to examine the same and pass appropriate orders in accordance with law. Till such time, the respondents are hereby directed not to take any coercive steps against the petitioners. 4. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR 5 I //TRUE COPY// KSECTION OFFICER To, 1. The Principal Secretary to Government, Panchayat Raj Department, State of Andhra Pradesh, 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). c 4. The Executive Authority -cum -Panchayat Secretary, Narayanapuram Grama Panchayat, Narayanapuram Village, Ungutum Mandal, Eluru District at Elum. (Formerly West Godavari District). The Tahsildar, Ungutum Mandal, Eluru District at Eluru. (Formerly West Godavari District). / '/ ‘I 5. y 6. The Assistant Engineer, Minor Irrigation Department, Tadepalligudem, West Godavari District. 7. The Inspector of Police, Ganapavaram Circle Police Station, Ganapavaram Village 8b Mandal, Eluru District (Formerly as West Godavari District). 8. The Station House Officer, Chebrolu Police Station, Ungutur Mandal, Eluru District. (Formerly West Godavari District) 9. One CC to Sri Chintapalli Srinivas, Advocate [OPUC] 10. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 11. Two CCs to GP for Panchayat Raj and Rural Development, High Court Of Andhra Pradesh. [OUT] 12. Two CC’s to GP for Revenue, High Court of A.P. at AmaravatifOUT] 13. Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] 14. Two CC’s to GP for Home, High Court of A.P. at Amaravati[OUT] 15. Three CD Copies. ssb HIGH COURT DATED:09/01/2025 ORDER I 2 I JAN 2025 I, %^ . Current Section WP.No.646 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS