V ' V V-. V V APHC010505832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25914 OF 2025 Between: Medisetti Lovalakshmi, W/o. Appala Raju, aged about 45 years, R/o. D.No. 1- 3, Narasingapuram, Agraharam Rural, Pittapuram Mandal, Kakinada District, Andhra Pradesh - 533450. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Kakinada District, Andhra Pradesh. 3. The Narasingapuram Grama Panchayat, Represented by Panchayat Secretary, Pittapuram Mandal, Kakinada District, Andhra Pradesh - 533450. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 3 issuing rd respondents in eviction notice through proceedings RC No. 5/2025, dated 16.09.2025, directing for removal of asbestos roofed shed in which my kiosk (a small open-fronted hut) situated, within 3 days (i.e, 19.09.2025), in Sy. No. 64 of Narasingapuram Grama Panchayat, Pittapuram Mandal, Kakinada District, even though the subject asbestos roofed shed is not creating any hindrance to the public or vehicles, without issuing any show-cause notice and only due to political reasons, for being illegal, arbitrary, violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994 principles of natural justice and unconstitutional and consequently direct the 3rd respondent to forthwith not to interfere with my kiosk (a small open- fronted hut), situated in Sy. No. 64 of Narasingapuram Grama Panchayat, Pittapuram Mandal. Kakinada District by setting aside the 3rd respondent notice dated 16.09.2025 and not to dispossess her and pass. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent not to demolish and evict from my kiosk (a small open-fronted hut), situated in Sy. No. 64 of Narasingapuram Grama Panchayat, Pittapuram Mandal, Kakinada District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI VINOD KUMAR PEMMASANI Counsel for the Respondent No.2 & 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.1 & 3: GP FOR REVENUE The Court made the following Order: devoid of 1 APHC010505832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] :•[ FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25914/2025 HON Between; 1 MEDISETTI LOVALAKSHMl,, W/0. APPALA RAJU, AGE^ ABOUT 45 YEARS, R/0. D.NO. 1-3, NARASINGAPURAM, AGRAHARAM RURAL, PITTAPURAM MANDAL, KAKINADA DISTRICT, ANDHR PRADESH - 533450. ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY PANCHAYAT RAJ DEPARTMENT, SECRETARIAT ™gS VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. KAKINADA DISTRICT, ANDHRA 2.THE DISTRICT COLLECTOR PRADESH. GRAMA PANCHAYAT, REPRESENTED PITTAPURAM MANDAL, 3.THE NARASINGAPURAM BY PANCHAYAT SECRETARY, KAKINADA DISTRICT, ANDHRA PRADESH - 533450. ...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 2 be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 3rd respondents in eviction notice through proceedings RC No. 5/2025, dated issuing 16.09.2025, directing for removal of asbestos roofed shed in which my kiosk (a small open-fronted hut) situated, within 3 days (i.e, 19.09.2025), in Sy. No. 64 of Narasingapuram Grama Panchayat, Pittapuram Mandal, Kakinada District, even though the subject asbestos roofed shed is not creating any hindrance to the public or vehicles, without issuing any show- cause notice and only due to political reasons, for being illegal, arbitrary, violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994, devoid of principles of natural justice and unconstitutional and consequently direct the 3rd respondent to forthwith not to interfere with my kiosk (a small open-fronted hut), situated in Sy. No. 64 of Narasingapuram Grama Panchayat, Pittapuram Mandal, Kakinada District by setting aside the 3rd respondent notice dated 16.09.2025 and not to dispossess me and pass Counsel for the Petitioner: 1.VINOD KUMAR PEMMASANI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE :3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA I- W.P.No.25914of 2025 This Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “..to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 3'^'* respondent in issuing eviction notice through proceedings RC No.5/2025 dated 16.09.2025, directing for removal of asbestos roofed shed in which my kiosk (a small open-fronted hut) situated, within 3 days (i.e 19.09.2025) in Sy No.64 of Narasingapuram Grama Panchayat, Pitapuram Mandal, Kakinada District, even though the subject asbestos roofed shed is not . creating any hindrance to the public or vehicles, without issuing any show-cause notice and only due to political reasons for being illegal arbitrary violative of provisions of the Andhra Pradesh Panchayat Raj Act 1994 devoid of principles of natural justice and unconstitutional and consequently direct the 3^'* respondent to forthwith not to interfere with my kiosk a small open fronted hut situated in Sy No.64 of Narasingapuram Grama Panchayat Pitapuram Mandal, Kakinada District by setting aside the 3"'^ respondent notice dated 16.09.2025 and not to dispossess me and pass.” 2. Heard learned counsel for the petitioner, learned Standing Counsel for Gram Panchayat and learned Government Pleader for Gram Panchayat and perused the material placed on record. Learned counsel for the petitioner submits that the petitioner purchased the land to an extent of 60 Sq. Yds. Situated in Sy.No.64 of Narasingapuram Grama Panchayat, Pitapuram Mandal, Kakinada District 3. through registered sale deed Doc.No.4299 of 2021, dated 11.06.2021 and the petitioner had erected a small kiosk (dabba or bunk) in the said site and running a small cool drink shop and eking out her livelihood with meagre income that generate from the kiosk. 4. While things stood thus, the 3'''^ respondent without following due process of law and without conducting survey as contemplated, straightaway issued impugned eviction notice dated 16.09.2025 directing the petitioner to remove her shop from the said premises within three days alleging that the subject land is a Government land. Aggrieved by the the present Writ Petition is being filed. On the other hand, learned Government Pleader submits that let there be a direction to the petitioner to submit her explanation to the notice issued by the 3'^ respondent dated 16.09.2025 by treating the same as show-cause notice. Thereupon, the respondent authorities will consider the same and a reasoned order will be passed in accordance with law. 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 16.09.2025 as show-cause notice, for which, the petitioner is hereby directed to submit detailed explanation along with same. 5. 6. :5: required documents if any for substantiating her right over the subject property within a period of three (03) weeks from the date of receipt of a of this order. After such submission, the respondent authorities are 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 respondents are at liberty to proceed further in accordance with law. In the meanwhile, the respondents are directed to not to interfere with the petitioner’s peaceful possession and enjoyment over the subject copy 7. property. The learned Standing Counsel for the respondent - Gram Panchayat is directed to inform the order of this Court to the respondents. 9. In the result, the Writ Petition is disposed of. There shall be no order 8. as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- B CHiTTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// OFFICER SECT! To, Secretariat Panchayat Raj Department, 1. The Principal Secretary, Buildings, Velagapudi, Guntur District, Andhra Pradesh. 2. The District Collector, Kakinada District, Andhra Pradesh. 3. The Narasingapuram Grama Panchayat, Represented by Panchayat Pittapuram Mandal, Kakinada District, Andhra Pradesh - Secretary, 533450. 4. One CC to SRI. VINOD KUMAR PEMMASANI , Advocate [OPUC] 5. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV, High Court of Andhra Pradesh [OUT] 6. Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Two CD Copies vna HIGH COURT DATED:19/09/2025 ORDER WP NO. 25914 OF 2025 g{ 2 2 SEP 2025 rrsntSectiol,. Co t ^5- DISPOSING OF THE WRIT PETITION WITHOUT COSTS