IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY, TWO THOUSAND AND TWENTY FIVE I PRESENT (fouff® HON’BLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO: 1502 OF 2025 Between: Tirumani Pothuraju, S/o. Krishna Murthy, Aged 46 years, R/o. Pallepalem Village, Kruthivenu Mandal, Krishna District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development Department, Velgapudi, Guntur District 2. The District Panchayat Officer, Krishna Dist. at Machilipatnam 3. The Divisional Panchayat Officer, Krishna Dist. at Machilipatnam 4. Pallepalem Gram Panchayath, Rep by its Panchayat Secretary, Pallepalem Village, Kruthivenu Mandal, Krishna Distric ...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 to declare the notice dated 16.01.2025 in ROC No. 1/2025 issued by the 4th respondent who is an executing authority of respondents 1 to 3 asking the petitioner to vacate the said alleged occupation without giving any opportunity with regard to his alleged occupation that too without indicting any particulars and extents with measurements that too without issuing any prior notice by following law of the State affording any opportunity to petitioner as illegal, capricious and ¥ of principles of natural justice and consequently set aside the same violative in the interest of justice. •/ lA NO: 1 OF 2025 that in the Petition under Section 151 CPC is filed praying circurnstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in pursuance 16.01.2025 issued by the 4th respondent pending 'M. of the notice dated disposal of the above WP in the interest of justice. Counsel for the Petitioner; SRI YALLABANDl RAMATIRTHA Counsel for the Respondent Nos. 1, 2 & 3; GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent No. 4: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) 1 The Court made the following: ORDER APHC010029412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) S'rti0 WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1502/2025 Between: Tirumalasetti Pothuraju ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner; 1.YALLABANDI RAMATIRTHA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: 2 HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.1502 of 2025 THE ORDER: The present 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 to declare the notice dated 16.1.2025 in ROC No. 1/2025 issued by the 4^ respondent who Is executing authority of respondents 1 to 3 asking the petitioner to vacate the said alleged occupation without giving any opportunity with regard to his alleged occupation that too without indicting any particulars and extents with measurements that too without issuing any prior notice by following law of the State affording any opportunity to petitioner as illegal, capricious and violative of principles of natural justice and consequently set aside the same in the interest of justice and to pass necessary order or orders as this Hon’ble Court may deem fit.” an Heard learned counsel for the petitioner and learned counsel for 2. the respondents. It is admitted by the learned counsel for petitioner that the petitioner has made construction illegally in the Government land to an extent of Ac.O.OScents or 242 square yards situated in R.S.No.430 of Pallepalem Village, Kruthivennu Mandal, Krishna District and the respondents are trying to demolish the said construction and to dispossess the petitioner from the subject land without following the due process of law, which amounts to violation of principles of natural justice. Hence, learned counsel requested this Court to direct the 3. 3 respondents before initiating any action against the subject land, the respondents shall follow the procedure as established by law. 4. Learned Standing Counsel appearing for the 4 Gram Panchayat has furnished the written instructions 22.01.2025 of the Panchayat Secretary, Pallepalem Gram Panchayat, Kruthivenu Mandal, Krishna District, it transpires that some of the villagers have made a complaint against the petitioner that the petitioner has constructed shops illegally in the subject land and basing on the said complaint, the authorities have conducted enquiry and a show cause notice was issued to the petitioner, however, the petitioner has not removed the said construction, and therefore, the present impugned proceedings, dated 16.01.2025 issued directing the petitioner herein for removal of the illegal construction. respondent/ dated an was Learned counsel appearing for the petitioner would submit that the impugned proceedings, dated 16.01.2025 was issued without prior notice, hence, sought a direction to the respondents to follow the due process of law before initiating any action against the subject property. 5. any 6. Acceding the request made by the learned counsel for the petitioner, this Court is inclined to dispose of this writ petition with a direction to the petitioner herein to submit explanation with all relevant documents to the impugned notice, dated 16.01.2025, treating the 4 show cause notice, within a period of two weeks from today same as and on filing of such explanation by the petitioner, the respondents are directed to examine the same and pass appropriate orders and communicate the said decision to the petitioner herein. Till such time, directed not to take any coercive steps against the respondents are the petitioner. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd /- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Panchayat Raj & Rural Development Department, Velgapudi, Guntur District 2. The District Panchayat Officer, Krishna Dist. at Machilipatnam 3. The Divisional Panchayat Officer, Krishna Dist. at Machilipatnam 4. The Panchayat Secretary, Pallepalem Gram Panchayath, Pallepalem Village, Kruthivenu Mandal, Krishna District. 5. One CC to Sri Yallabandi Ramatirtha Advocate [OPUC] rnm ir? SC for ZPPS, MPPS & GP, Advocate [wr UOJ 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:22/01/2025 ORDER WP.No.1502 of 2025 tT MAK m Cwrant3WUIW V DISPOSING OF THE W.P., WITHOUT COSTS