APHC010478412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24272 OF 2025 Between: 1. Chetteti Chenchu Krishnayya, S/o. Chetteti Prasad, Aged about 38 years. Residing at Sydapuram Village Sydapuram Mandal, SPSR Nellore District - 524 407 Andhra Pradesh. 2. Chetteti Ramulamma, W/o. Chenchaiah, Aged about 74 years. Residing at Sydapuram, Village, Sydapuram Mandal, SPSR Nellore District, - 524 407 Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh, rep. By its PrI., Secretary Panchayath Raj Department, Secretariat Buildings, Velagapudi Amaravathi. 2. The District Collector, SPSR Nellore District. 3. The Tahsildar, Sydapuram Mandal, SPSR Nellore District. 4. The Sydapuram Gram Panchayath, Rep by its Secretary, Sydapuram, SPSR Nellore District. ...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 a writ or direction, more particularly one in the nature of Writ of Mandamus declaring the Notice vide RC. No. A/1/2025 dated 28.08.2025 (Received on 04.09.2025) issued by the Panchayath Secretary, Sydapuram Grama Panchayath, Sydapuram, Sydapuram Mandal, SPSR Nellore District, without any Jurisdiction, as arbitrary, bad in law, illegal, unjust, against principles of natural Justice and unconstitutional and to set aside the same, and consequently direct the 4^'' respondent to not to demolish the petitioners house situated in Sy.No.372, 15^^ block, panchayath assessment No. 308, Sydapuram village and panchayath, Sydapuram Mandal, SPSR Nellore District. 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 4*'' respondents not to demolish and not to dispossess the petitioners in their schedule house in Sy.No.372, 15*'^ block, panchayath No.308, in Sydapuram village and panchayath, Sydapuram Mandal, SPSR Nellore District pending disposal of the writ petition. assessment lA NO: 2 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 suspend the Notice vide RC. No. A/1/2025 dated 28.06.2025 (Received on 04.09.2025) issued by the Panchayath Secretary, Sydapuram Grama Panchayath, Sydapuram, Sydapuram Mandal, SPSR Nellore District disposal of the writ petition. Counsel for the Petitioners: Mrs.G. N. LIMA RANI Counsel for the Respondent No.1 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : GP FOR REVENUE Counsel for the Respondent No.4 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following order: 1 APHC010478412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24272/2025 Between: 1.CHETTETI CHENCHU KRISHNAYYA, S/0 CHETTETI PRASAD, AGED ABOUT 38 YEARS, RESIDING AT SYDAPURAM VILLAGE SYDAPURAM MANDAL, SPSR NELLORE DISTRICT - 524 407 ANDHRA PRADESH 2. CHETTETI RAMULAMMA, W/0. CHENCHAIAH, AGED ABOUT 74 YEARS. RESIDING AT SYDAPURAM, VILLAGE, SYDAPURAM MANDAL. SPSR NELLORE DISTRICT, - 524 407 ANDHRA PRADESH ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI., SECRETARY PANCHAYATH RAJ DEPARTMENT, VELAGAPUDI AMARAVATHI. SECRETARIAT BUILDINGS 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT 3.THE TAHSILDAR, SYDAPURAM MANDAL. SPSR NELLORE DISTRICT. 4.THE SYDAPURAM GRAM PANCHAYATH, REP BY ITS SECRETARY, SYDAPURAM, SPSR NELLORE 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 i High Court may be pleased to issue a writ or direction, more particularly one in the Notice vide RC. No.nature of Writ of Mandamus declaring the A/1/2025 dated 28.08.2025 (Received on 04.09.2025) issued by the Panchayath Secretary, Sydapuram Grama Panchayath, Sydapuram, Sydapuram Mandal, SPSR Nellore District, without any Jurisdiction, as arbitrary, bad in law. illegal, unjust, against principles of natural Justice and unconstitutional and to set aside the same, and consequently direct the 4TH respondent to not to demolish the petitioners house situated in Sy.No.372, 15TH block, panchayath assessment No. 308, Sydapuram village and panchayath, Sydapuram Mandal, SPSR Nellore District and pass Counsel for the Petltioner(S): 1.G N UMA RANI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.24272 of 2025 This Court made the following ORDER: 1 St Learned counsel for the petitioners submits that the petitioners is absolute owner and possessors of the house property bearing Assessment No.308 situated at Sy.No.372 Sydapuram Panchayath, Sydapuram Mandal, SPSR Nellore District Grama having acquired the same through a registered gift deed dated He further submits that the 12.09.2022 from his paternal aunt, subject property was acquired by the 2'"^ petitioner in the year 1972 vide un-registered sale deed dated 06.03.1972 and since then they have been in peaceful possession and enjoyment of the subject interference or hindrance from property without there being any neither the respondents nor any third parties. While so, to the surprise of the petitioners the Respondent No.4 - Gram Panchayat passed impugned order dated 28.08.2025 directing the 1"' petitioner before 10.09.2025 by to evict from the subject property on or classifying the 1®^ petitioner as an “encroacher . 4 Learned counsel for the petitioners submits issuance of impugned notice dated 26.08.2025 by the Respondent - Gram Panchayat without providing any opportunity of hearing and without observing the principles of natural justice and reasonable time for submission of explanation to the above impugned notice is certainly 2. contrary to the Section 98 of A.P. Panchayat Raj Act, 1994 as well as in violation of principles of natural justice. On the other hand, learned Standing Counsel furnished 3. th written instructions dated 09.09.2025 submitted by the 4 respondent, wherein it is stated that the land admeasuring 1.9 Ankanas in Sy.No.372 was encroached by the 1®' petitioner and got constructed a shed by closing the existing passage, for which one Chennamsetti Venkata Swamy filed a petition before the grievance cell on 20.04.2025 alleging that the 1®‘ petitioner made construction by closing the passage provided to him. Pursuant to the complaint the Respondent No.4 issued notice dated 26.08.2025 holding that the subject land is classified as “Grama Natham”. Therefore, any constructions or occupation against the Grama Natham are to be treated as encroachments and directed the 1®‘ petitioner to vacate the subject land within three days. 5 4. Heard learned counsel for the petitioner and learned Standing Counsel for 4^'' Respondent and perused the material placed on k ■ record. Considering the submissions made by both the counsel, the impugned order dated 28.08.2025 directing the 1®* petitioner to vacate the subject house, is not preceded by any prior notice or 5. reasonable opportunity of hearing to the petitioners to submit their explanation and to substantiate their claim over the subject property. th Even the alleged notice dated 26.08.2025 issued by the 4 respondent which was submitted along with written instructions is in the form of notice but it is in the form of order of eviction directing the petitioner to vacate the subject house within three days. Therefore, the impugned order issued by the 4^'' Respondent is squarely contrary to the principles of natural justice and also due procedure as contemplated U/s 98 of A.P. Panchayat Raj Act, 1994. The 4'*^ Respondent being a Public Authority shall adhere to the principles of natural justice and also due procedure as contemplated under law. The impugned order as well as notice issued by the 4 Respondent appears to undermine both the basic principles and the essence of administrative law as envisaged. 6. th 6 7. in view of the reasons stated as above, the impugned order dated 28.08.2025 and also impugned notice dated 26.08.2028 are contrary to law and liable to be set aside. Accordingly, the Writ Petition is allowed by setting aside the notice dated 26.08.2025 and subsequent orders in R.C.No.A/1/2025 dated 28.08.2025 issued by the respondent. However, the Gram Panchayat is at liberty to proceed further after determination of the nature of the land and rights of the petitioners after following due process of law by affording an opportunity of hearing to the petitioners. 8. Learned Standing Counsel for the Respondent is hereby directed to inform the orders of this Court to the Respondents. No 9. costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// // SECTION OFFICER The Principal Secretary, Panchayath Raj Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravathi The District Collector, SPSR Nellore District. The Tahsildar, Sydapuram Mandal, SPSR Nellore District The Secretary, Sydapuram Gram Panchayath, Sydapuram Nellore District. One CC to Mrs. G.N.Uma Rani, Advocate [OPUC] Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] Two CCS to GP for Revenue, High Court of Andhra Pradesh [OUT] One CC to Sri M. Sudhir, SC for Gram Panchayat (OPUC) Two CD Copies To, 1. 2. 3. 4. SPSR 5. 6. 7. 8. 9. Cnr HIGH COURT DATED:09/09/2025 ORDER WP NO. 24272 OF 2025 ^11 SEP 2025 SsQyrrentSecti? ^■fisseait fe' i Co ALLOWING THE W.P. WITHOUT COSTS