APHC010617102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31795/2025 Between: 1. YARRU VENKATESWARAO, , S/O POTHURAJU, AGE 58 YEARS, R/O D.NO. 4-128, ATHOTA VILLAGE KOLLIPARU MANDAL, GUNTUR DISTRICT 2. YARRU SIVA POTHURAJU,, S/O Y.VENKATESWARAO AGE 38 YEARS, R/O D.NO. 4-128, ATHOTA VILLAGE KOLLIPARU MANDAL, GUNTUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPT., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT TADEPALLI, GUNTUR DISTRICT 3. THE DISTRICT PANCHAYAT OFFICER, COLLECTORATE COMPOUND, R AND B QUATRES, GUNTUR, GUNTUR DISTRICT 4. THE TAHSILDAR, ATHOTA, KOLLIPARU MANDAL, GUNTUR DISTRICT 5. THE ATHOTA GRAMA PANCHAYAT, REP., BY ITS PANCHAYAT SECRETARY ATHOTA, KOLLIPARU MANDAL, GUNTUR DISTRICT ...RESPONDENT(S): 2 VS,J W.P.No.31795 of 2025 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 Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in issuing the demolition notice dt 10.11.2025 issued by the respondent No.5 without giving proper opportunity and without conducting the proper Syurvey and without following due process of law is illegal, arbitrary and violation of provisions laydown as per The Grama Panchayat Act 1994 and contrary to the violation of Art 14, 21of the Constitution of India and consequently set- aside demolition notice dt 10.11.2025 issued by the respondent No.5 and direct the respondents to conduct the fresh survey to construct the drainage in our street of Athota Village, Kolliparu Mandal, Guntur District and pass such 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 Stay all further proceedings in pursuant to demolition notice dt: 10.11.2025 issued by the respondent No.5 and pass such Counsel for the Petitioner(S): 1. RAMINENI SUDHEER Counsel for the Respondent(S): 1. RAMINENI SUDHEER Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 VS,J W.P.No.31795 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in issuing the demolition notice dt 10.11.2025 issued by the respondent No.5 without giving proper opportunity and without conducting the proper Syurvey and without following due process of law is illegal, arbitrary and violation of provisions laid down as per The Grama Panchayat Act 1994 and contrary to the violation of Art 14, 21of the Constitution of India and consequently set-aside demolition notice dt 10.11.20025 issued by the respondent No.5 and direct the respondents to conduct the fresh survey to construct the drainage in our street of Athota Village, Kolliparu Mandal, Guntur District and pass such….” 2. The petitioners are absolute owners and possessors of the house situated in D.No.4-128 of Athota village, Kolliparu mandal, Guntur district which they acquired from their ancestors. 3. While the things stood thus, the petitioner and their neighbors submitted an application to the 5th respondent for construction of drainage systems to their residences and in pursuance of the same, a resolution was passed by the gram sabha on 15.04.2025 to that extent with the consent of the petitioners. Thereafter, the petitioners submitted a representation to the respondent authorities requesting to conduct a survey in Sy.No.309, for construction of the said drainage system and in reply, the 5th respondent vide proceedings dated 26.06.2025 stated that no records are available in their office with regard to Sy.No.309. Subsequently, the 5th respondent issued a 4 VS,J W.P.No.31795 of 2025 notice on 29.09.2025 for conducting a survey to construct drainage system and accordingly a survey was conducted by the respondent authorities without even referring to necessary revenue records. In pursuance of the said survey, the respondent authorities marked the petitioners’ house alleging that the petitioners have encroached the government land even without issuing any prior notice or following due process of law. Further, the 5th respondent issued two notices dated 10.11.2025 directing the petitioners to remove the encroachment made by them within a period of three (3) days. The grievance of the petitioners is that, when the 5th respondent vide proceedings dated 26.06.2025 has informed the petitioners that the records pertaining to Sy.No.390 are not available in their office, then the question of the petitioners’ illegal encroachment over the Government land and issuance of the impugned notices does not arise. Aggrieved by the said action of the respondents, the petitioners filed this writ petition on the ground that the survey was conducted by the respondent authorities behind the back of the petitioners, even without issuing any notice. 4. Heard Sri. Ramineni Sudheer, learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri. M. Sudheer, learned Standing Counsel for the 5th respondent. 5. During the course of arguments, learned Standing Counsel requested this Court to direct the petitioners to treat the impugned notices dated 5 VS,J W.P.No.31795 of 2025 10.11.2025 as show cause notice and to submit their explanation to the same; the said request was not objected by learned counsel for the petitioners. 6. In view of the fact that notices were already issued to the petitioners, this writ petition is disposed of directing the petitioners to submit their explanation to the impugned notices dated 10.11.2025 treating the same as show cause notices within a period of one (1) week from the date of receipt of a copy of this order and upon receipt of such explanation, the 5th respondent is at liberty to pass appropriate orders and initiate appropriate action as against the petitioners, if necessary, in accordance with law. Till such time, the respondent authorities shall not take any coercive steps against the petitioners herein. 7. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 14.11.2025 Gss