o APHC010481262025 4 IN THE HIGH COURT OF ANDHRA PRADESH p ill / 'k^ s illi ;3r m! / AT AMARAVATI (Special Original Jurisdiction) W&'' THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24441 OF 2025 ^ Between: Dudyala Gowthami, W/o. Bala Eashwar Reddy, aged about 38 Years, R/o. D.No.3/5, Parlapadu Village, Rajupalyam Mandal, YSR (Kadapa) District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayath Raj Department, Secretariat, Velagapudi, Guntur District- 522001. 2. The District Collector, YSR (Kadapa) District. 3. The Revenue Divisional Officer, Jammalamdugu, YSR (Kadapa) District. 4. The Tahsildar, Proddatur Mandal, YSR (Kadapa) District. 5. The Somavaripalle Gram Panchayat, Rep by its Panchayat Secretary, Rameswaram Village, YSR (Kadapa) 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 an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.5 in trying to demolish and interfere with the peaceful possession and enjoyment of the House site to an extent of Ac.0.02.919 cents in Survey No. 336-B, Ward No. 24, Sri Sadguru Sai Nagar, Rameswaram Village Fields, Somavaripalle Panchayath, Proddatur, YSR (Kadapa) District and thereby issuing Notice vide R.C No. 02/2024-2025, dated 06.09.2025 by the respondent No.5 is illegal, arbitrary, without following due process and in violation of principles Natural Justice and in violation Article 14, 19 and 21 and 300-A of the Constitution of India and direct the respondents not to dispossess and interfere possession and enjoyment of the scheduled property. consequently with the peaceful 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 not to demolish and interfere with peaceful possession and enjoyment of the House site’s to an extent of Ac.0.02.919 cents in Survey No.336-B, Ward No.24 Sri Sadguru Sai Nagar, Rameswaram Village Fields, Somavaripalle Panchayath, Proddatur, (Kadapa) District, pending disposal of the Writ Petition. the YSR Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent No.1 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following order: 0^ APHC010481262025 IN TflEfH€«<XKi^T OF ANOfiRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] € / / / THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24441/2025 Between: 1.DUDYALA GOWTHAMI, W/0. BALA EASHWAR REDDY, AGED R/0. D.NO.3/5, PARLAPADU VILLAGE, ABOUT 38 YEARS, RAJUPALYAM MANUAL, YSR (KADAPA) DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PANCHAYATH RAJ DEPARTMENT, PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522001. 2.THE DISTRICT COLLECTOR, YSR (KADAPA) DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, JAMMALAMDUGU, YSR (KADAPA) DISTRICT. 4.THE TAHSILDAR, PRODDATUR MANUAL, YSR (KADAPA) DISTRICT. 5. THE SOMAVARIPALLE GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, (KADAPA) DISTRICT. RAMESWARAM VILLAGE, YSR ...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 tomay be pleased to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.5 in trying to demolish and 2 interfere with the peaceful possession and enjoyment of the House site to an extent of Ac.0.02.919 cents in Survey No. 336-B, Ward No. 24, Sri Sadguru Sai Nagar, Proddatur, YSR (Kadapa) District and thereby issuing Notice vide R.C No. 02/2024-2025, dated 06.09.2025 by the respondent No.5 is illegal, arbitrary, without following due process and in violation of principles Natural Justice and in violation Article 14, 19 and 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess and interfere with the peaceful possession and enjoyment of the scheduled property and pass such Rameswaram Village Fields, Somavaripalle Panchayath 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 Counsel for the Petitioner: 1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION Nn.24441 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No. 5 in trying to demolish and interfere with the peaceful possession and enjoyment of the House site to an extent of Ac.0.02.919 cents in Survey No.336-B, Ward No.24, Sri Sadguru Sai Nagar, Rameswaram Village Fields, Somavaripalle Panchayath, Proddatur, YSR Kadapa District and thereby issuing Notice vide R.C.No.02/2024-2025, dated 06.09.2025 by the respondent No. 5 is illegal arbitrary without following due process and in violation of principles Natural Justice and in violation Article 14, 19 and 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess and interfere with the peaceful possession and enjoyment of the scheduled property and to pass such other order or orders ” Heard learned counsel for petitioner, learned Government Pleader for 2. Panchayat Raj and Rural Development and Sri M.Sudhir, learned Standing Counsel for Gram Panchayat appearing for the respondents. Learned counsel for the petitioner submits that the petitioner herein is in 3. peaceful possession and enjoyment of the House site to an extent of Ac.0.02.919 cents in Survey No.336-B, Ward No.24 situated at Sri Sadguru Sai Nagar Rameswaram Village Fields, Somavaripalle Panchayath, Proddatur, YSR Kadapa District, having acquired the same through registered sale deed dated 12.01.2021. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property without there being any interference or hindrance from any quarter. 4 It is further submitted that the petitioner submitted a building plan for approval before the 5**^ respondent-Gram Panchayat for the construction of a residential house. However, the 5"" respondent neither considered the plan nor 4. passed any other proceedings rejecting the same. Despite the inaction, the petitioner, having submitted the requisite plan, commenced construction in accordance with the plan submitted to the respondent. While so, the respondent No.5 issued the impugned notice dated 5. 06.09.2025 alleging that the petitioner, during the course of construction, had encroached upon a portion of the public road. The said allegation appears to be based on a survey purportedly conducted by the 4^^ respondent-Tahsildar. However, the said survey was conducted unilaterally, behind the back of the petitioner, and without issuing any prior notice or providing an opportunity to the petitioner. He further submits that the subject notice is not preceded by any prior notice and directed the petitioner to vacate the alleged occupation of the encroached land, which is contrary to the principles of natural justice and due procedure as contemplated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994. 6. Learned counsel for the petitioner further submits that in similar circumstances, in respect of same survey number, this Court vide order dated 13.12.2022 in W.P.No.40238 of 2022 specifically directed the respondents not to dispossess the petitioner and not to demolish the subject property without following due process of law. Therefore, respondent authorities are under obligation to observe principles of natural justice as well as due procedure as 5 contemplated while issuing notice and while directing the petitioner to vacate the subject property. Hence, the writ petition. On the other hand, learned Standing Counsel for the 5'*^ respondent submits that even though the subject impugned notice is named as notice, but it is in the form of an order directing the petitioner to vacate the encroached portion of the land. As such, the learned Standing Counsel submits that let there be direction to the petitioner that to treat the impugned notice as show-cause notice 7. a and to submit his explanation to substantiate his rights and title over the subject property. After such submission, the respondents th more particularly, 5 respondent- Gram Panchayat will consider the same and pass appropriate orders in accordance with law. o by the learned counsel for the petitioner, learned Standing counsel for the respondents and on perusal of the material placed on record, it is appears that the impugned notice dated 06.09.2025 issued to the petitioner is in the form of an order directing the petitioner to evict the subject encroached portion of the land, much less, without any prior notice and without observing due process. Therefore, as contended by the learned Standing Counsel, the petitioner may treat the impugned notice dated 06.09.2025 as a show-cause notice. Further the petitioner herein is permitted to submit his detailed explanation to the notice along with the documents to substantiate his claim over the subject property. In view of the reasons stated above, the present writ petition is disposed of, directing the petitioner to submit detailed explanation to the notice dated ‘wOf'iSIOSi ■Jr'i o. i f i i I i 9. 6 06.09.2025 treating it is as a show-cause notice and substantiate his claim over the subject property, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such explanation, the respondents are directed to consider the same and pass appropriate orders, after conducting survey and demarcation in the presence of petitioner. After such survey and demarcation and if any encroachments are found, then the respondents will follow due procedure as contemplated under the act for removal of the same. The entire exercise shall be completed within a period of two (02) months, thereafter. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the property of the petitioner. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Panchayath Raj Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District-522001 2. The District Collector, YSR (Kadapa) District. 3. The Revenue Divisional Officer, Jammalamduau District. 4. The Tahsildar, Proddatur Mandal, YSR (Kadapa) District. 5. The Panchayat Secretary, Somavaripalle Gram Panchayat Rameswaram Village, YSR (Kadapa) District. 6. Dudyala Gowthami, W/o. Bala Eashwar Reddy, aged about R/o. D.No.3/5, Parlapadu Village, Rajupalyam Mandal District. 7. One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC] 8. Two CCs to GP for Panchayat Raj & Rural Development Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh 10.One CC to Sri M. Sudhir, SC for Gram Panchayat (OPUC) 11.Two CD Copies YSR (Kadapa) 38 Years, YSR (Kadapa) High Court of [OUT] Cnr 1* HIGH COURT DATED:11/09/2025 ORDER WP NO. 24441 OF 2025 s 11 SFf 2125 Current Section . DISPOSING OF THE W.P. WITHOUT COSTS