APHC010465622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23616/2025 Between: 1. ANNAM LAKSHMI KUMARI, W/O.VENKATARATNAM, AGED ABOUT 65 YEARS, R/O.5-133, MADDETIPALLI VILLAGE, JAYAPURAM, KRISHNA DISTRICT. 2. GARIKIMUKKU LAKSHMANA SWAMY,, S/O.G.VENKATESWARA RAO, AGED ABOUT 30 YEARS, R/O.JAYAPURAM VILLAGE, AMUDALAPALLI, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 3. THE TAHSILDAR, BANTUMILLI MANDAL, KRISHNA DISTRICT. 4. AMUDALAPALLI GRAM PANCHAYAT, BANTUMILLI MANDAL, KRISHNA DISTRICT, REP. BY ITS SECRETARY 5. THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, BANTUMILLI MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): 2 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 Mandamus, declaring the action of the Respondents in interfering into the peaceful possession and enjoyment of petitioners' Flouse bearing D.No.5-117 and 5-118 (5-133, situated in Sy.No.63 of Maddetipalli, Amudalapalli Gram Panchayat, Bantumilli Mandal, Krishna District and trying to evict the petitioners from their houses, which is illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India, consequently direct the Respondents not to interfere into the peaceful possession and enjoyment of petitioners' House bearing D.No.5-117 and 5-118 (5-133, situated in Sy.No.63 of Maddetipalli, Amudalapalli Gram Panchayat, Bantumilli Mandal, Krishna District, and pass IA 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 direct the Respondents not to interfere into the peaceful possession and enjoyment of petitioners’ House bearing D.No.5-117 and 5- 118 (5-133, situated in Sy.No.63 of Maddetipalli, Amudalapalli Gram Panchayat, Bantumilli Mandal, Krishna District, pending disposal of the above writ petition, in the interest of justice and pass Counsel for the Petitioner(S): 1. HARINADH NIDAMANURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.23616 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, Order or Direction more particularly one in the nature of Mandamus declaring the action of the Respondents in interfering into the peaceful possession and enjoyment of petitioners’ House bearing D.No.5-117 and 5-118 (5-133, situated in Sy.No.63 of Maddetipalli, Amudalapalli Gram Panchayat, Bantumilli Mandal, Krishna District and trying to evict the petitioners from their houses which is illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India consequently direct the Respondents not to interfere into the peaceful possession and enjoyment of petitioners’ House bearing D.No.5-117 and 5-118 (5-133, situated in Sy.No.63 of Maddetipalli, Amudalapalli Gram Panchayat, Bantumilli Mandal, Krishna District and pass such other order or orders...” 2. Heard learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development for respondent Nos. 1 and 2, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat for respondent No.4, learned Government Pleader for Revenue for respondent No.3 and learned Government Pleader for Irrigation for respondent No.5. 3. Learned counsel for the petitioners submits that the petitioner No.1 is the absolute owner and possessor of the house bearing Door No. 5-118 (5-133), situated at Sy.No.63 of Maddetipalli, Amudalapalli Gram Panchayat, Bantumilli Mandal, Krishna District having acquired the same through a sale deed from her vendor on 10.06.2009 for a valid sale consideration. Since then, petitioner No.1 has been in peaceful possession and enjoyment of the subject property. Whereas, petitioner No.2 is in possession and enjoyment of the house property bearing D.No.5-117, having acquired the same by way of succession through his 4 ancestors. While so, the respondent No.4/Gram Panchayat issued series of notices to the petitioner No.1, since 13.09.2023, alleging that the petitioners herein had encroached the drainage canal and so directed to remove such illegal constructions within seven days from the receipt of the notice. Pursuant to the said notice, the petitioner No.1 submitted explanations to all the notices whenever she received the same. Finally, the petitioner No.1 was issued notice in the month of August, 2025, for which, the petitioner No.1 again submitted her explanation on 20.08.2025. 4. Learned counsel for the petitioners further submits that the subject property was assessed by the 4th respondent-Gram Panchayat and petitioner No.1 has been paying taxes regularly. It is further contended that even though the petitioner No.1 submitted her explanations for every notice issued by the Gram Panchayat since two years, the 4th respondent- Gram Panchayat did not choose to consider and pass any speaking order considering the explanations submitted by the petitioner No.1, but keep on issuing notices one after the another is contrary to the principle of fair and reasonableness. Hence, the writ petition. 5. On the other hand, learned Government Pleader for Panchayat Raj, learned Standing Counsel for the Gram Panchayat, learned Government Pleader for Revenue and learned Government Pleader for Irrigation submits that the subject property was situated on the bund of an irrigation channel. Moreover, it is settled law that no construction/ conversion of any land of conservation i.e., water courses, river bunds, canal bunds for any other purpose other than the purpose that are meant for can be permitted. In the instant case, the allegation of the 4th 5 respondent is that the subject land which is under the occupation of the petitioners is classified as bund of the irrigation channel. As such, the same cannot be permitted to encroach by any person and it cannot be allowed to convert the same for any other purpose. 6. Considering the submissions made by the learned counsel for the petitioners, learned Standing Counsel and learned Government Pleader for the respondents, this Court is of the considered view that the present writ petition can be disposed of, directing the respondent No.4 to consider the explanation dated 20.08.2025 submitted by the petitioner along with other documents, if any, submitted by the petitioner, after providing opportunity of hearing to the petitioner and pass a speaking order in accordance with Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 and Rule 4 of the Andhra Pradesh Gram Panchayat (Protection of Property) Rules, 2011, within a period of two (02) months from the date of receipt of a copy of this order. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the property of the petitioner No.1. 7. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Date:04.09.2025 BSP 6 88 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.23616 OF 2025 DATED:04.09.2025 BSP