APHC010478172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24293/2025 Between: 1. PILLI PRASAD, S/O VENKATESWARA RAO, AGED 47 YEARS, OCC TIFFIN POINT, R/O D NO 1-121, GANGINENIPALEM VILLAGE, G. KONDURU MANDAL, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY (REVENUE DEPARTMENT), SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NTR DISTRICT (KRISHNA DISTRICT). 4. THE TAHASILDAR, G.KONDURU, G.KONDURU MANDAL, NTR DISTRICT. 5. THE MANDAL DEVELOPMENT OFFICER, G.KONDURU, G.KONDURU MANDAL, NTR DISTRICT. 6. THE PANCHAYAT SECRETARY, GANGINENIPALEM VILLAGE, G. KONDURU MANDAL, NTR DISTRICT. 7. THE VILLAGE REVENUE OFFICER, GANGINENIPALEM VILLAGE, G. KONDURU MANDAL, NTR DISTRICT 2 ...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 issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus, declaring the action of the 6 th Respondent pursuant to impugned notice dated 04-09-2025 directing the Petitioner to vacate the subject tiffin center in 20 sq yds, beside water tank, Ganginenipalem (V), G-Konduru (M), NTR (D) without considering reply submitted by the Petitioner Dt.31.08.2025, is as illegal, arbitrary and unlawful, violation of principles of natural justice and violation of article 14, 19(1)(g), 21 and 300A of constitution of India and, consequently directing the Respondent Authorities not to interfere with the peaceful possession and enjoyment of the Petitioner subject property of 20 sq yds, beside water tank, Ganginenipalem (V), G-Konduru (M), NTR (D), and to 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 directing the Respondents Authorities not to interfere with the peaceful possession and enjoyment of the Petitioner subject property of 20 sq yds, beside water tank, Ganginenipalem (V), G-Konduru (M), NTR (D), pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. S BALA MOHAN RANGA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24293/2025 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 Writ of Mandamus declaring the action of the 6th respondent pursuant to impugned notice dated 04.09.2025 directing the petitioner to vacate the subject tiffin center in 20 sq yds, beside water tank, Ganginenipalem Village, G-Konduru Mandal, NTR District without considering reply submitted by the petitioner dated 31.08.2025, is as illegal, arbitrary and unlawful, violation of principles of natural justice and violation of article 14, 19(1)(g), 21 and 300A of constitution of India and, consequently directing the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property of 20 sq yds, beside water tank, Ganginenipalem Village, G-Konduru Mandal, NTR District and pass such other order.” 2. Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos.5 and 6 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner has been running a small tiffin center after obtaining due license from the 6th respondent/Gram Panchayat in the year 2000-01 and he has been paying license fee to the Gram Panchayat till date. The petitioner has been in possession and enjoyment of the subject land since more than two decades. He further submits that the 6th respondent/Gram Panchayat issued notice dated 25.08.2025 4 requesting the petitioner to submit all the documents under which he was granted license and electricity connection for running subject tiffin center. Pursuant to the notice dated 25.08.2025, the petitioner submitted a detailed explanation on 31.08.2025 and submitted all the documents as directed. He further submits that without considering the explanation, the 6th respondent straight away issued the impunged notice dated 04.09.2025 directing the petitioner to evict from the subject shop within a period of seven days. He further submits that even though it is named as notice, but it is in the form of eviction order, which is contrary to the principles of natural justice and also due process as contemplated under Section 96 and 98 of the A.P. Panchayat Raj Act, 1994. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for respondent Nos.5 and 6 furnished written instructions, wherein it is stated that admittedly the subject land is a road margin and classified as irrigation poramboke land. Due to the construction of tiffin center, the flow of flood water got struck and causing so much of inundation due to increasing water level and hurdle to the public. Learned Standing Counsel also placed the photographs to that effect. He further requested that treat the subject notice as a show- cause notice, let there be a direction to the petitioner to submit a detailed explanation apart from the explanation submitted to the notice dated 25.08.2025. After submission of the explanation, the 5 respondents will consider the same and appropriate orders be passed after providing opportunity of hearing to the petitioner in accordance with law. 5. Considering the submissions made by both the learned counsel and on perusal of the impugned notice, it is observed that even though the said impunged notice is named as notice, the terms of the notice indicates that it is an ‘order of eviction’. As contended by the learned counsel for the petitioner that having invited the explanation by way of notice dated 25.08.2025, the respondents should have been considered the same and passed an appropriate order. But without doing so, the respondents cannot issue the impugned notice directing the petitioner to evict the subject premises, which is certainly contrary to the principles of natural justice and principle of fair and reasonable opportunity of hearing to the petitioner. As contended by the learned Standing Counsel the subject notice can be treated as a show-cause notice, for which the petitioner is entitled to submit a detailed explanation along with documents to substantiate his long standing possession over the subject property of the petitioner. Since, the petitioner is claiming his long standing possession over the subject property, the petitioner shall make a representation for allotment of alternative suitable land. 6. In view of the reasons as stated above, the petitioner is directed to treat the notice dated 04.09.2025 as a show-cause notice 6 and submit his explanation along with all the relevant documents to substantiate his long standing possession over the subject property and the petitioner is also directed to submit representation for allotment of alternative suitable land if any, within a period of two(2) weeks from the date of receipt of copy of this Order. After such submission, the respondent Nos.4, 5 and 6 are directed to consider the same, after providing opportunity of hearing to the petitioner and pass appropriate orders including the representation of the petitioner for allotment of alternative suitable land if any, within a period of two(2) months thereafter. In the meanwhile, the respondents are directed not to evict the petitioner from the subject land. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 10.09.2025 TTPPSS 7 137 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24293/2025 10.09.2025 TTPPSS