1 NV,J W.P.No.22960 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:22960 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “to issue WRIT OF MANDAMUS declaring the action of the Respondents 3 and 4 in making efforts to demolish the structures/buildings constructed in the land for an extent Ac 5 46 cents in Survey Nos.124/1 and 122/2 of Gowravaram Revenue Village in Kavali Mandal of SPSR Nellore District and Ac.11-85 cents in respectively covered by Survey Nos.782, 786, 787, 789/1 of Allimadugu Revenue Village in Bogole Mandal of SPSR Nellore District without following due process of law as illegal arbitrary and violative of Articles 14, 21 and 300A of the Constitution of India and consequently direct the Respondents 3 and 4 not to interfere in any manner into the petitioner educational institutions and buildings/structures therein in the land for an extent Ac.5-46 cents in Survey Nos 124/1 and 122/2 of Gowravaram Revenue Village in Kavali Mandal of SPSR Nellore District and Ac.11-85 cents in respectively covered by Survey Nos.782, 786, 787, 789/1 of Allimadugu Revenue Village in Bogole Mandal of SPSR Nellore District without following due process of law” 2. The petitioner is an educational trust engaged in providing primary, secondary, and undergraduate education within the jurisdiction of Respondent Nos.3 and 4—namely, Allimadugu and Gowravaram Gram Panchayats, 2 NV,J W.P.No.22960 of 2025 respectively. The petitioner obtained building permissions for the construction of a college and a school under the names RSR Engineering College and RSR High School in the years 2007 and 2011. Since then, the trust has been operating both institutions continuously. 3. On 22.08.2025, Respondent No.3/Allimadugu Gram Panchayat issued a notice to the petitioner alleging that an unauthorized construction was made and called upon the petitioner to produce the building plans and title documents. A subsequent notice dated 23.08.2025 was issued and directed the petitioner to stop discharging drainage water from the college premises. On the same day, Respondent No.4 Gowravaram Gram Panchayat issued another notice requiring the petitioner to obtain necessary approvals from the Nellore Urban Development Authority (NUDA), in accordance with G.O.Ms.No.5. The petitioner contends that Respondent Nos.3 and 4 are now attempting to demolish the college and school buildings without adhering to the due process of law. 4. During the hearing, learned counsel for the petitioner submitted that all requisite permissions for construction were duly obtained from the concerned authorities, and that Respondent Nos.3 and 4 have neither the power nor jurisdiction to demolish the existing buildings. It was argued that the constructions were completed over 15 years ago (in 2007 and 2011), and the issuance of the present impugned notices along with the threat of coercive 3 NV,J W.P.No.22960 of 2025 action is arbitrary, illegal, and in violation of permissions previously granted. The petitioner further submitted that the respondents are obligated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 to issue proper notice before initiating any such action. Till date, no communication has been received from NUDA seeking regularization of the buildings. Once the Gram Panchayats have granted construction permissions, they cannot now demand regularization from NUDA, which amounts to an abuse of process of law. Hence, the writ petition. 5. On the other hand, learned standing counsel for Respondent Nos.3 and 4 submitted that the notices were issued solely for the purposes of property tax reassessment and not for initiating demolition. Respondent No.3 directed the petitioner to submit details regarding the total built-up area, including hostels and other infrastructure, and to furnish the sanctioned plans issued by the Gram Panchayat/DTCP/NUDA. The drainage notice dated 23.08.2025 was issued following complaints from neighboring landowners regarding the discharge of wastewater onto their lands, causing inconvenience and damage. The notice merely sought rectification of the drainage issue and did not propose any coercive action. As per the notice from Respondent No.4 dated 23.08.2025, it was stated that the petitioner had constructed a multi-storied (G+3) building, while the Gram Panchayat is only authorized to grant permissions for G+2 residential structures. Therefore, the petitioner was directed to obtain necessary approvals or regularization from NUDA, as 4 NV,J W.P.No.22960 of 2025 required under applicable regulations. Learned counsel for respondent clearly submitted that no demolition has been proposed and that the petitioner was asked to cooperate for reassessment and compliance with regulatory requirements only. 6. Considering the submissions made by learned counsel for the petitioner and learned Standing Counsel for Respondent Nos.3 and 4, and upon perusal of the material on record, including the notices issued by the respondents, this Court is of the considered opinion that the writ petition can be disposed of, directing the petitioner to submit and substantiate its claim regarding the constructions undertaken, by furnishing sanctioned building plans and details of the entire built-up area pertaining to the college and school buildings. The petitioner shall also comply with all necessary requirements for obtaining fresh approvals, renewal of permissions, or regularization of the existing constructions from the Gram Panchayat or from the competent authority, including NUDA, within a period of four (4) weeks from today, along with appropriate representations or explanations. Upon receipt of such documents and representations, Respondent Nos.3 and 4 shall duly consider the same and pass speaking orders, after affording a reasonable opportunity of hearing to the petitioner and any other affected stakeholders, within a further period of two (2) months, strictly in accordance with law. In the meantime, Respondent Nos.3 and 4 are directed not to take any coercive steps against the petitioner pursuant to the impugned notices. 5 NV,J W.P.No.22960 of 2025 7. With the above direction, writ petition is disposed of. No costs. 8. Consequently, miscellaneous applications pending if any, shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J Date: 29.08.2025 SP 6 NV,J W.P.No.22960 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:22960 OF 2025 29.08.2025 W SP