1 APHC010020172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1054 OF 2025 Between: 1. CHANUMOLU KUSUMA KUMARI, W/O SRINIVASARAO, AGED ABOUT 54 YEARS, R/O D.NO.4-53, PENAMALURU, PENAMALURU, KRISHNA DISTRICT, ANDHRA PRADESH - 521139. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2. THE DISTRICT PANCHAYAT OFFICER, PENAMALURU MANDAL, KRISHNA DISTRICT. 3. THE PANCHAYAT SECRETARY, PENAMALURU VILLAGE GRAM PANCHAYAT, PENAMALURU MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. VENKAT CHALASANI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following ORAL ORDER: Heard Sri P. Manju, Ld. Counsel appearing on behalf of Sri Venkat Chalasani, Ld. Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Panchayat Raj & Rural Development and Sri Y. Koteswara Rao, Ld. Standing Counsel for the ZPPs, MPPs and Grama Panchayats. 2. The present Writ Petition is filed with the following prayer: “It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, or Order, Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent in issuing the notice dated 04.01.2025, directing me to remove the boundary wall of my property, which is 662.74 sq. yards in the area, located at Door No. 4-72, R.S. No. 222/1, Penamaluru, Penamaluru Mandal, Krishna District, within three days of receiving the notice, if not complied with, legal action will be taken under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, specifically Sections 45, 53 to 58, and 98, 103, 131, 132, 134, 137, 139, 270, and 271 and trying to demolish the boundary wall situated in Door No. 4-72, R.S. No. 222/1, Penamaluru, Penamaluru Mandal, Krishna District as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India and consequently set aside the notice issued by the 3rd respondent and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of Justice.” 3. Ld. Ld. Counsel for the Writ Petitioner has taken this Court through the Impugned Notice issued by the Panchayat Secretary dated 04.01.2025 (Ex.P.1). Ld. Counsel for the Writ Petitioner would submit that a Final Order affecting the right of the Writ Petitioner has been passed without seeking any Explanation through any Show Cause Notice. It is also stated that within a period of three days, the compound wall which is alleged to have been illegally 3 constructed is sought to be demolished. Ld. Counsel for the Writ Petitioner has also drawn the attention of this Court to the Explanation submitted by the Writ Petitioner to the Panchayat Secretary on 08.01.2025 (Ex.P.4). On scrutiny by the Court the Explanation submitted by the Writ Petitioner dated 08.01.2025 (Ex.P.4) does not have any acknowledgment to evidence the fact that the Official Respondents have received it. 4. Having regard to the facts and circumstances of the case, the Impugned Notice dated 04.01.2025 (Ex.P.1) shall be treated as a Show Cause Notice and the Explanation submitted by the Writ Petitioner dated 08.01.2025 (Ex.P.4) shall be considered by the Official Respondents objectively and pass a Speaking Order in accordance with law and furnish a copy of such Order to the Writ Petitioner forthwith. 5. Needless to state that the Official Respondents are obligated to adhere to the Principles of Natural Justice by considering the submissions/ objections and documents, if any, filed by the Writ Petitioner before passing the Final Order. Since it is noticed that the Explanation submitted by the Writ Petitioner dated 08.01.2025 (Ex.P.4) also has enclosures, if the Explanation dated 08.01.2025 (Ex.P.4) along with the enclosures etc., have not been received by the Respondents, the Writ Petitioner may verify the same from the Official Respondents and may submit another copy of the Explanation along with the Annexures. 6. With these observations and directions this Writ Petition stands disposed of. No order as to costs. 7. It is made clear that till such time as the Official Respondents pass the Final Order after considering the Explanation of the Writ Petitioner and furnish such copy of the Order to the Writ Petitioner, no coercive steps shall be taken against the Writ Petitioner by the Official Respondents. 4 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 10.04.2025 MNR 5 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 1054 OF 2025 Dt: 10.04.2025 MNR