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2025 DAILYLAW 41227 (AP)

Cherukuri Prameela Rani, v. The State of Andbra Pradesh,

WP/30147/2025 · 2025-12-22

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010586132025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. CHERUKURI PRAMEELA RANI,, W/O. CHERUKURI SATYANARAYANA, AGED ABOUT 53 YEARS, OCC R/O. H. NO. 4 VENGAYAPALEM VILLAGE, PATHIPADU MANDAL, GUNTUR DISTRICT. 1. THE STATE OF ANDBRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, GUNTUR DISTRICT AT GUNTUR. 3. THE DIVISIONAL PANCHAYAT OFFICER, GUNTUR DISTRICT AT GUNTUR. 4. THE REVENUE DIVISIONA OFFICER, GUNTUR REVENUE DIVISION. GUNTUR, GUNTUR DISTRICT. 5. THE TAHSILDAR, GUNTUR RURAL MANDAL, GUNTUR DISTRICT. 6. THE VENGALAYAPALEM GRAM PANCHAYAT, REP BY ITS EXECUTIVE AUTHORITY VENGALAYAPALEM VILLAGE GUNTUR MANDAL, GUNTUR DISTRICT. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High pleased topleased to issue a writ, order or direction more particularly one in IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30147/2025 CHERUKURI PRAMEELA RANI,, W/O. CHERUKURI SATYANARAYANA, AGED ABOUT 53 YEARS, OCC- R/O. H. NO. 4-292, LAKSHMI NARASIMHAPURAM, VENGAYAPALEM VILLAGE, PATHIPADU MANDAL, GUNTUR ...PETITIONER AND OF ANDBRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR PANCHAYAT WING, GUNTUR DISTRICT AT GUNTUR. NAL PANCHAYAT OFFICER, GUNTUR DISTRICT AT THE REVENUE DIVISIONA OFFICER, GUNTUR REVENUE DIVISION. GUNTUR, GUNTUR DISTRICT. THE TAHSILDAR, GUNTUR RURAL MANDAL, GUNTUR DISTRICT. THE VENGALAYAPALEM GRAM PANCHAYAT, REP BY ITS AUTHORITY - CUM - PANCHAYAT SECRETARY, VENGALAYAPALEM VILLAGE GUNTUR MANDAL, GUNTUR ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High pleased topleased to issue a writ, order or direction more particularly one in IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CHERUKURI PRAMEELA RANI,, W/O. CHERUKURI - HOUSEWIFE, 292, LAKSHMI NARASIMHAPURAM, VENGAYAPALEM VILLAGE, PATHIPADU MANDAL, GUNTUR ...PETITIONER OF ANDBRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR PANCHAYAT WING, GUNTUR NAL PANCHAYAT OFFICER, GUNTUR DISTRICT AT THE REVENUE DIVISIONA OFFICER, GUNTUR REVENUE DIVISION. THE TAHSILDAR, GUNTUR RURAL MANDAL, GUNTUR DISTRICT. THE VENGALAYAPALEM GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, VENGALAYAPALEM VILLAGE GUNTUR MANDAL, GUNTUR ...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 topleased to issue a writ, order or direction more particularly one in the nature of Writ OF MANDAMUS declaring the notice issued by the 6th Respondent vide Rc. No. 1/2025, dated 24.10.2025 under Section 7 of the A.P. Land Encroachment Act, 1905 and Section 98 of the A.P. Panchayat Raj Act, 1994 thereby threatening to demolish the RCC shopping complex comprising 7 shops by 31.10.2025 situate at Door No. 5-114 (Assessment No. 914) in Sy. No. 933/A to an extent of Ac. 0.06 cents at Lakshmi Narasimhapuram Colony, Vengalayapaiem village, Guntur Rural Mandal and District, as iilgal, arbitrary, without Jurisdiction, in gross contempt and wilffil disobedience of this Honble Courts binding order dated 14.08.2025 in W.P. No. 21805 of 2025, violative of principles of natural justice, audi alteram partem, estoppel under SeditKi 121 of the Bharatiya Sakshya Adhiniyam, 2023, adverse possession under Article 65 of the Limitation Act, 1963, and Articles 14, 19(1 Kg). 21 and 300-A of the Constitution of India and consequently direct the Respondents to forthwith refrain from demolishing, dispossessing or interfering in any manner with petitioners peaceful possession and enjoyment of the aforesaid shopping complex and pass 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 pleased to suspend the operation of notice issued by the 6th Respondent vide Rc. No. 1/2025, dated 24.10.2025 and consequently direct the Respondents not to interfere in any manner with petitioner’s peaceful possession and enjoyment of the shopping complex comprising 7 shops situate at Door No. 5-114 (Assessment No. 914) in Sy. No. 933/A to an extent of Ac. 0.06 cents at Lakshmi Narasimhapuram Colony, Vengalayapalem Village, Guntur Rural Mandal and District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAJENDRA C Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats ORDER This writ petition is filed questioning the notice issued by respondent no.6 vide Rc.No.1/2025, dated 24.10.2025 under section 7 of the A.P.Land Encroachment Act, 1905 and Section 98 of A.P.Panchayat Raj Act, 1994, threatening to demolish the RCC shopping complex comprising seven (07) shops situated at Door No.5-114 (Assessment No.914) in Survey No.933/A in an extent of Ac.0-06 cents at Lakshmi narasimhapuram Colony, Vengalayapalem village, Guntur Rural Mandal and District. 2. Heard Sri Chandragiri Rajendra, learned counsel for the petitioner, and Sri M.Sudheer, learned Standing Counsel for Gram Panchayat. 3. A perusal of the notice impugned would go to show that no personal hearing as required under Rule-4 of G.O.Ms.No.188 Panchayat Raj and Rural Development (Pts.IV) Department, dated 21.07.2011 has been provided to the petitioner. On the sole ground itself the notice impugned is liable to be set aside. 4. Accordingly, the writ petition is disposed of, setting aside the impugned notice dated 24.10.2025. However, this order would not come in the way of the authorities in passing a reasoned order after providing an opportunity of being heard to the petitioner. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI DATED 23rd day of December, 2025. RR