APHC010491272025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: Between: 1. NEELI VIJAYA KUMAR, S/O.SHEKAR, AGED ABOUT 35 YEARS, OCC AGRICULTURE, R/O.D.NO.4 OWK VILLAGE AND MANDAL, NANDYAL DISTRICT. 1. THE OWK GRAM PANCHAYAT, OWK VILLAGE, OWK NANDYAL DISTRICT REP BY ITS PANCHAYAT SECRETARY. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. Petition under Article 226 circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare Respondent No.l in issuing the impugned Notice dated 12 the Petitioner to remove the steps, compound wall and Arugu constructed to the house of the Petitioner within a period of 3 days from the date of receipt of the notice without issuing show cause notice and without giving opportunity IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25075/2025 NEELI VIJAYA KUMAR, S/O.SHEKAR, AGED ABOUT 35 YEARS, OCC AGRICULTURE, R/O.D.NO.4-34, KUMMARIDIDDI STREET, OWK VILLAGE AND MANDAL, NANDYAL DISTRICT. ...PETITIONER AND THE OWK GRAM PANCHAYAT, OWK VILLAGE, OWK NANDYAL DISTRICT REP BY ITS PANCHAYAT SECRETARY. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondent No.l in issuing the impugned Notice dated 12-09- 2025 directing the Petitioner to remove the steps, compound wall and Arugu constructed to the house of the Petitioner within a period of 3 days from the date of receipt of he notice without issuing show cause notice and without giving opportunity IN THE HIGH COURT OF ANDHRA PRADESH [3329] THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA NEELI VIJAYA KUMAR, S/O.SHEKAR, AGED ABOUT 35 YEARS, 34, KUMMARIDIDDI STREET, ...PETITIONER MANDAL, NANDYAL DISTRICT REP BY ITS PANCHAYAT SECRETARY. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT SECRETARIAT, ...RESPONDENT(S): 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 a writ, order or direction more particularly the action of the 2025 directing the Petitioner to remove the steps, compound wall and Arugu constructed to the house of the Petitioner within a period of 3 days from the date of receipt of he notice without issuing show cause notice and without giving opportunity 2 of brief hearing as arbitrary, illegal and contrary to Rules under AP Gram Panchayat (Protection of Property) Rules, 2011 and violation of Article 14, 19, 21 and 300-A of the Constitution of India and Consequently set aside the impugned Notice dated 12-09-2025 issued by the Respondent in the interest of justice 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 may be pleased to suspend the impugned Notice dated 12-09-2025 issued by the Dt Respondent pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25075/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondent No. 1 in issuing the impugned Notice dated 12-09-2025 directing the Petitioner to remove the steps, compound wall and Arugu constructed to the house of the Petitioner within a period of 3 days from the date of receipt of the notice without issuing show cause notice and without giving opportunity of brief hearing as arbitrary, illegal and contrary to Rules under AP Gram Panchayat (Protection of Property) Rules, 2011 and violation of Article 14, 19, 21 and 300-A of the Constitution of India and Consequently set aside the impugned Notice dated 12-09-2025 issued by the 1st Respondent in the interest of justice…..” 2. Heard the learned counsel for the petitioner, the learned Standing Counsel for Gram Panchayat and learned Standing Counsel appearing for respondent No.1. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of House bearing No.4-34 situated at 4 Kummarididdi Street, Owk Village and Mandal, Nandyal District. The property was acquired by the petitioner through a registered Gift Deed from his father dated 02.09.2025. As the existing house building was old and in a dilapidated condition, the petitioner’s father obtained permission from the 1st respondent- Gram Panchayat to reconstruct the same. Accordingly, the permission was granted on 01.03.2023. Subsequently, on 02.09.2023, the petitioner applied requesting to reissue/release the construction permission in his favor, which was previously granted by the 1st respondent in favour of the petitioner’s father. The petitioner reconstructed the building according to the sanctioned plan issued by the 1st respondent. Upon such inspection and measurement, the 1st respondent found no deviations. However, on 12.09.2025, the 1st respondent issued a notice alleging that certain portions of the petitioner’s building namely the steps, arugu and compound wall were constructed by encroaching upon the Gram Panchayat’s land and thereby directing the petitioner to remove them within three days from receipt of the notice, failing which the 1st respondent would remove them by following the procedure laid down under the Andhra Pradesh Panchayat Raj Act, 1994. However, without issuing any prior notice and without providing an opportunity of personal hearing to the petitioner, the 1st respondent is now attempting to interfere with the petitioners’ peaceful possession by trying to demolish the building, which is 5 contrary to the principles of natural justice and due process of law. Hence, the Writ Petition. 4. On the other hand, the learned Government Pleader submits that let there be a direction to the petitioner to submit his explanation to the notice issued by the 1st respondent dated 12.09.2025. Thereupon, the 1st respondent will consider the same and a reasoned order will be passed. 5. Having regard to the submissions of the learned counsel for the petitioner, learned Standing Counsel for the respondent-Gram Panchayat and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of by treating the impugned notice dated 12.09.2025 as show-cause notice, for which, the petitioner is hereby directed to submit explanation within a period of three (03) weeks from the date of receipt of a copy of this order. After such submission, the 1st respondent is directed to consider the same and pass appropriate order, by providing an opportunity of personal hearing to the petitioner and other stake holders, if any, in accordance with law, within a period of four (04) weeks thereafter. After passing such order, the 1st respondent-Gram Panchayat is at liberty to proceed further in accordance with law. 6. In the meanwhile, the respondents are directed not to interfere with the petitioner’s peaceful possession and enjoyment over the subject property. 6 7. The learned Standing Counsel for the respondent- Gram Panchayat is directed to inform the Order of this Court to the respondents. 8. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 16.09.2025 SCH 7 130 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25075 of 2025 16.09.2025 SCH