APHC010465512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WM THURSDAY, THE FOURTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23577 OF 2025 Between: 1. Singareddy Pramila, W/o. S. Madhava Reddy, aged 52 years, R/o. D. No. 1-96, Velagatoor Village, Kovelakuntia Mandal, Nandyala District 2. Singareddy Madhava Reddy, S/o. S. Pedda Subba Reddy, aged 53 years, R/o. D. No. 1-96, Velagatoor Village, Kovelakuntia Mandal, Nandyala District ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, PR and RD Department A.P Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Velagatoor Gram Panchayath, Rep by its Executive Officer (Panchayat Secretary), Velagatoor Village, Kovelakuntia Mandal, Nandyala District, Andhra Pradesh. ...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 grant a direction or writ more particularly in the nature of Writ of Mandamus declaring the actions of the Respondent No. 2 in issuing a Notice dated 06.08.2025, bearing reference number R.C. No. 01 of 2025, thereby threatening to interfere with the possession and demolish the property of the Petitioner (dwelling house) at Plot No. 81 having an extent of 0.02 cents in Sy. 0 No. 50/1A situated in Velagatoor Village, as illegal, arbitrary, violative of Article 14,19(1 )(g) and 21 of the Indian Constitution and consequently set aside the Notice dated 06.08.2025, bearing reference number R.C. No. 01 of 2025 issued by the 2""^ Respondent. 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 stay the Notice dated 06.08.2025, bearing reference number R.C. No. 01 of 2025 issued by the Respondent during the pendency of the writ petition. Counsel for the Petitioners: SRI VARUN BYREDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondents: SRI M. SUDHIR, SC FOR ZPP, MPP FOR GRAM PANCHAYAT The Court made the following order: APHC010465512025 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: 23577/2025 Between: 1.SINGAREDDY PRAMILA,, W/0. S. MADHAVA REDDY, AGED 52 R/0. D. NO. 1-96, VELAGATOOR VILLAGE, YEARS, KOVELAKUNTIA MANDAL, NANDYALA DISTRICT 2.SINGAREDDY MADHAVA REDDY,, S/0. S. PEDDA SUBBA REDDY, AGED 53 YEARS, R/0. D. NO. 1-96, VELAGATOOR VILLAGE, KOVELAKUNTIA MANDAL, NANDYALA DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PR AND RD DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE VELAGATOOR GRAM PANCHAYATH, REP BY ITS EXECUTIVE OFFICER (PANCHAYAT SECRETARY), VELAGATOOR VILLAGE, KOVELAKUNTIA MANDAL, PRADESH. NANDYALA DISTRICT, ANDHRA ...RESPONDENT(S): 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 grant a direction or writ more particularly in the nature of Writ of Mandamus declaring the actions of the Respondent No. 2 in issuing a Notice dated 06.08.2025, bearing reference number R.C. No. 01 of 2025, thereby threatening to interfere with the possession and demolish the property of the Petitioner (dwelling house) at Plot No. 81 having an extent of 0.02 cents in Sy. No. 50/1A situated in Velagatoor Village, as illegal, arbitrary, violative of Article 14,19(1 )(g) and 21 of the Indian Constitution and consequently aside the Notice dated 06.08.2025, bearing reference number R.C. No. 01 of 2025 issued by the 2nd Respondent 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 pleased to stay the Notice dated 06.08.2025, bearing reference number R.C. No. 01 of 2025 issued by the 2nd Respondent during the pendency of the writ petition Counsel for the Petitioner(S): 1.VARUN BYREDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: set 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23577/2025 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 particularlyone in the nature of Writ of Mandamus declaring the actions of the respondent No. 2 in issuing a notice dated 06.08.2025, bearing reference number R.C.No.01 of 2025, thereby threatening to interfere with the possession and demolish the property of the Petitioner (dwelling house) at Plot No. 81 having an extent of Ac.0.02 cents in Sy.No.50/1A situated in Velagatoor Village, as illegal, arbitrary, violative of Article 14,19(1 )(g) and 21 of the Constitution of India and consequently set aside the notice dated 06.08.2025, bearing reference number R.C.No.01 of 2025 issued by the 2^^ respondent and pass such other order. ” 2. Heard the learned counsel for the petitioners, learned Government Pleader for respondent No.1 and the learned Standing Counsel for respondent No.2. 3. Learned counsel for the petitioners submits that the petitioners are the owners and possessors of the plot No.81, Sy.No.50/1A situated at Velagatoor Village, Kovelakuntia Mandal, Nandyala District. The subject plot admeasuring to an extent of Ac.0.02 cents was assigned to the 1®‘ petitioner by way of house site patta on 18.08.2004. Since then, the petitioners have been in 4 peaceful possession and enjoyment of the same and they got constructed a residential house thereon. 4. Learned counsel for the petitioners submits that without there being any survey and demarcation on the guise of the encroachment of some portion of land in Plot No.75 by the petitioner, the respondents issued impugned notice/order without issuing any prior notice/show-cause notice, directing the petitioners to evict the encroached land at Plot No.75, which is in violation of principles of natural justice and also in violation of the due process as contemplated under Section 96 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994. 5. On the other hand, learned Standing Counsel for respondent No.2/Gram Panchayat submits that let the impugned notice would be treated as a show-cause notice and let there be an explanation from the petitioners. After considering such explanation to be submitted by the petitioners and after having survey and demarcation in respect of the petitioners’ property as well as Plot No.75, the respondents will proceed further, in accordance with law. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that even though the subject impugned notice was named notice-1, but the contents of the impugned notice is in the form of direction, without calling any explanation from the petitioners, which as to Section 98 of the Andhra Pradesh Panchayat Raj Act, is contrary 1994 as well as principles of natural justice. Moreover, in view of the ratio laid down by this Court as well as the Hon’ble Apex Court, no one can be evicted much less an encroacher also cannot be evicted 'i without following due process of law. 7. In view of the settled principles as mentioned above, the directed to treat the impugned notice/order issued by petitioners are respondent No.2/Gram Panchayat as a show-cause notice and to submit a detailed explanation along with plans and documents to substantiate their claim over the subject property, within a period of two(2) weeks from the date of receipt of copy of this Order. After such submission, the 2^^^ respondent/Gram Panchayat shall conduct survey in the presence of the petitioners and demarcate the property of the petitioners as well as plot No.75 and after having such demarcation and after considering the explanation of the petitioners, the 2"'‘ respondent is directed to pass a speaking order after providing opportunity of hearing to the petitioners and other stakeholder if any, within a period of two(2) months thereafter. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners over the subject property. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- K TATA RAO DERUTY REGISTRAR //TRUE COPY// SECTTON OFFICER To, 1. The State of Andhra Pradesh, Rep. by its Principal Secretary RD Department A.P Secretariat, Velagapudi, Amaravati 2. The Executive Officer (Panchayat Secretary) Panchayath, Velagatoor Village, Kovelakuntia District, Andhra Pradesh. 3. One CC to Sri Varun Byreddy, Advocate [OPUC] 4. One CC to Sri M. Sudhir, SC for Gram Panchayat [OPUC] 5. Two CCS to GP for Panchayat Raj Rural Development, High Court of Andhra Pradesh [OUT] 6. Two CD Copies PR and Guntur District Velagatoor Gram Mandal, Nandyala RAM HIGH COURT DATED:04/09/2025 ORDER WP NO. 23577 OF 2025 2 0 SEP 2025 )| ^SsQurrent SectioDX^*/ 'S Si DISPOSING OF THE WP WITHOUT COSTS