APHC010503022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 25779/2024 BETWEEN: Areti Seshagiri Rao ...Petitioner AND The State Of Andhra Pradesh and Others ...Respondent(s) Counsel for the Petitioner: 1. YALLABANDI RAMATIRTHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR ROADS BUILDINGS 3. GP FOR REVENUE 4. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following: 2 ORDER: The Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “..pleased to issue a writ, order or direction more particularly one in the nature of wit of Mandami declaring the action on the part of the respondents 4 to 6 in contemplating to demolish petitioner's house bearing no. D.No.3-52, Kalla Village and Mandal, West Godavari District without taking any steps as contemplated under various Enactments which are bounded to be followed by them and more particularly without issuing any notice to petitioner calling for his explanation, as illegal and arbitrary and consequently direct the respondents not to interfere with petitioner's peaceful possession and enjoyment of the property situated at house bearing no. D.No.3-52, Kalla Village and Mandal, West Godavari District….” 2. The Panchayat Secretary, Kalla Gram Panchayath, submitted written instructions vide letter addressed to the Advocate & Standing Counsel, Panchayat Raj. A.P. High Court, in the following manner: 1. It is submitted that the Petitioners are in the encroachment of the R & B site. 2. The Executive Engineer, R&B requested the Gram Panchayat to remove the encroachments in R&B site. He requested the Tahsildar to take necessary action for survey and identify the encroachments. 3 3. Gram Panchayat issued a first notice to Petitioner on 24.12.2024 to submit land documents if any. But the petitioner was not sent any documents so far. 4. It is also submitted that mere levy of house tax does not confer any right over the land or establishes any right on the ownership of the properties. It was levied only for the building. 5. No attempts were made by this respondent for demolition of the building etc. 6. The petitioner with an apprehension approached this Court by filing this Writ Petition without case of action. 3. As seen from the written instructions, the Panchayat Secretary has not intended to take any coercive action over the building property of the petitioner and it is further observed that the petitioner hastily has approached this Court. 4. Therefore, the respondents are directed to follow due procedure of law before initiating any action against the subject property of the petitioner herein. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 08.01.2025 Harin 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO 143 WRIT PETITION No.25779 of 2024 Date : 08.01.2025 Harin