APHCOI0469352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MU ¥ >1 THURSDAY, f'HE FOURTH DAY OF SEPTEMBd TWO THOUSAND AND TWENTY FIVE '^Xo PRESENT TIjlC HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 23777 OF 2025 NIMMAGADDA Between: 1. Thalam Srinivasa Rao, S/o.Jagannadham, aged 53 years D.No.6-19/1 irrinki vari Street, 6th ward,. Valluru Achanta Mandal, West Godavari X' District 2. ^eddada Prasad ^/o. Vaddiparru, , S/o. Ramanjaneyulu, Aged 51 years, Mondigaruvu, Podudu Mandal, West Godavari District 3. Geddada Venkateswara Rao, S/o. D.No.2-158(2), Mondi Garuvu,H/o. Vaddiparru Poduru Mndal, West Godavari District. ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary Panchyat Raj Department, Secretariat Buildings Velagapudi, Guntur District. 2. The District Collector, ( PR. Wing) West Godavari District Bhimvaram. 3. The District Panchyat Officer, West Godavari District Bhimvaram 4. The Tahsildar, O/o. Tahsildar's Office Achanta, Achanta Mandal West Godavari District. 5. The Assistant Executive Engineer, Road and Buildings Achanta Mandal, West Godavari District. 6. The Gram Panchyat Valluru, rep. by its Panchyat Secretary Valluru Village Achanta Mandal, West Godavari District./^ Achanta, ...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 writ of Mandamus declaring that the notice dated 21-8-2025 issued by the Panchayat Secretary/R-6 for demolition of petitioners building without passing any order by considering the explanation dated 26-8-2025 are ill-legal, arbitrary, consequently set aside the notice dated 21-8-2025 issued by the Panchayat Secretary/R-6./^ lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents Nos.4 to 6 not to take any coersives steps against the petitioners buildings under the guise of Notice dated 21-8-2025 got issued by the Pan^at Secretary/6th Respondent pending disposal the main writ petition. of Counsel for the Petitioners: SRI PECHATHY RANGA RAO ^ Counsel for the Respondent Nos.1, 2 & 3 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4 : GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR ROADS & BUILDINGS Counsel for the Respondent No.6 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT The Court made the following order: % ;:1:: APHC010469352025 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: 23777/2025 Between: 1.THALAM SRINIVASA RAO, .S/O.JAGANNADHAM, AGED 53 YEARS D.NO.6-19/1 IRRINKI VARI STREET, 6TH WARD, VALLURU ACHANTA MANDAL, WEST GODAVARI DISTRICT 2.GEDDADA PRASAD,, S/0. RAMANJANEYULU, AGED 51 YEARS, MONDIGARUVU,H/0. VADDIPARRU, PODUDU MANDAL, WEST GODAVARI DISTRICT 3.GEDDADA VENKATESWARA RAO,, S/0. D.N0.2-158(2), MONDI GARUVU,H/0. VADDIPARRU PODURU MNDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. B Y ITS PRINCIPAL SECRETARY DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, ( PR. WING) WEST PANCHYAT RAJ SECRETARIAT BUILDINGS > 2 GODAVARI DISTRICT BHIMVARAM 3.THE DISTRICT PANCHYAT OFFICER, WEST GODAVARI DISTRICT BHIMVARAM 4.THE TAHSILDAR, 0/0. TAHSILDAR'S OFFICE ACHANTA, ACHANTA MAN DAL WEST GODAVARI DISTRICT. 5.THE ASSISTANT EXECUTIVE ENGINEER, ROAD AND BUILDINGS ACHANTA, ACHANTA MANDAL, WEST GODAVARI DISTRICT. 6.THE GRAM PANCHYAT VALLURU, REP. BY ITS PANCHYAT SECRETARY VALLURU VILLAGE ACHANTA MANDAL, WEST GODAVARI DISTRICT ...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 to issue writ of Mandamus declaring that the notice dated 21-8-2025 Secretary/R-6 for demolition of petitioners building without passing any order by considering the explanation dated 26-8- 2025 are ill-legal, arbitrary, consequently set aside the notice dated 21-8-2025 issued by the Panchayat Secretary/R-6 and pass such Counsel for the Petitioner(S): 1. PECHATHY RANGA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV issued by the Panchayat 3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.23777 of 2025 This Court made the following ipRDER: Heard learned counsel for the petitioners, learned government Pleader for Respondent Nos.1 to 3, learned Government Pleader for Revenue for Respondent No.4, learned (government Pleader for R & B for Respondent No.5 and learned Standing Counsel for Respondent No.6. th Learned counsel for the petitioners submits that the 6 l^espondent herein issued joint notice dated 21.08.2025 to the 23 Iversons alleging that the Hon’ble High Court issued direction in \^.P.No.100/2025 for demolition of buildings of 23 persons, i - Learned counsel for petitioners submits that the 1®* petitioner ! given reply dated 26:08.2025 to the notice of the Panchayat Secretary and Panchayat Secretary did not choose to pass any orders on the reply/explanation of the petitioner. While so, on 04.09.2025 the Panchayat Secretary/6*'' Respondent came along with the JCB to demolish petitioner’s buildings without any prior 4: notice and following due process as contemplated. Hence the writ petition. th In oppugnation, learned Standing Counsel for 6 Respondent contending that the 6**^ respondent has not been received any reply to the notice said to have been submitted by the petitioner dated 26.08.2025. He further submits that if the reply received by the respondent they would have been considered and passed a speaking order by observing due process as contemplated. 3. 4. Considering the submission of both the counsel and material placed on record, it appears that the Respondent No.6 directed the petitioners to vacate the subject premises which is certainly non-observation of principles of natural justice and also due process as contemplated. 5. In view of facts and circumstances of the case as stated above, the impugned notices dated 21.08.2025 should be treated as show cause notice issued by the Gram Panchayat calling explanation from the petitioners. Therefore, the petitioners are hereby directed to submit their respective explanations if not already submitted by substantiating their claim towards title and possession over the subject property within a period of three (03) 5 weeks from the date of receipt of a copy of this order and after such submission of explanation the 6^^ respondent shall consider tljie same and pass appropriate orders after providing opportunity df hearing to the petitioners and other stakeholders if any and pass speaking orders with reference to orders of this Hon’ble . C:purt in W.P.No.100 of 2025 dated 08.01.2025 as well as Section qS of the Andhra Pradesh Panchayat Raj Act, 1994 read with Rule 14 of the Andhra Pradesh Gram Panchayat (Protection of F^roperties) Rules, 2011 within a period of two (02) months thereafter. With the above directions, the Writ Petition is disposed of. Consequently, miscellaneous petitions, if any, pending in tdis writ petition shall stand closed. 6 Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Panchyat Raj Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Guntur District. 2. The District Collector, ( PR. Wing) West Godavari District Bhimvaram. 3. The District Panchyat Officer, West Godavari District Bhimvaram. 4. The Tahsildar, O/o. Tahsildar's Office Achanta, Achanta Mandal Godavari District. 5. The Assistant Executive Engineer, Road and Buildings Achanta Mandal, West Godavari District. West Achanta, 6. The Panchyat Secretary, Gram Panchyat Valluru, Valluru Village Achanta Mandal, West Godavari District. 7. One CC to Sri Pechathy Ranga Rao, Advocate [OPUC] 8. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10.Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh [OUT] 11 .One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) 12. Two CD Copies Cnr HIGH COURT DATED:04/09/2025 ORDER WP NO. 23777 OF 2025 .=E 22SfPa)25 Sf ^ . Current Section . DISPOSING OF THE W.P. WITHOUT COSTS