APHC010714392025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. VASA KOTESWARA RAO, , S/O. VASA NARSANNA, AGED ABOUT 57 YEARS, R/O. D.NO.1 KAPILESWARAPURAM MANDAL EAST GODAVARI DISTRICT, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238 2. THE GRAM PANCHAYAT OF ANGARA, ANGARA VILLAGE, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRA SECRETARY - 533309 3. THE PANCHAYAT SECRETARY OF ANGARA VILLAGE GRAM PANCHAYAT, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36564/2025 VASA KOTESWARA RAO, , S/O. VASA NARSANNA, AGED ABOUT 57 YEARS, R/O. D.NO.1-207, PALLAPU VEEDHI, ANGARA VILLAGE, KAPILESWARAPURAM MANDAL EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE GRAM PANCHAYAT OF ANGARA, ANGARA VILLAGE, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH, REP BY ITS PANCHAYAT 533309 THE PANCHAYAT SECRETARY OF ANGARA VILLAGE GRAM PANCHAYAT, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH - 53309 RC,J W.P.No.36564 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI VASA KOTESWARA RAO, , S/O. VASA NARSANNA, AGED ABOUT 207, PALLAPU VEEDHI, ANGARA VILLAGE, KAPILESWARAPURAM MANDAL EAST GODAVARI DISTRICT, ...PETITIONER REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. - THE GRAM PANCHAYAT OF ANGARA, ANGARA VILLAGE, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR KONASEEMA DESH, REP BY ITS PANCHAYAT THE PANCHAYAT SECRETARY OF ANGARA VILLAGE GRAM PANCHAYAT, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR RC,J W.P.No.36564 of 2025 2 ...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 Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents, more particularly, the Respondent Nos.2 and 3 in issuing Show Cause notice vide proceedings R.C.No. 109/2025 dated 20.12.2025 alleging that the Petitioner had encroached an area of Ac.0.044 cents in Sy.No.219 of Angara Village, Kapileswarapuram Mandal, Dr.B.R.Ambedkar Konaseema District (Earlier part of East Godavari District) and directing the Petitioner to submit explanation within 15 days, as being illegal, arbitrary and violative of provisions of A.P Panchayat Raj Act, 1994 and also in violation of Articles 14, 21 and 300-A of Constitution of India and Consequently set aside the impugned Show Cause notice vide proceedings R.C.No. 109/2025 dated 20.12.2025 issued by the Respondent Nos.2 and 3 and further direct the Respondents herein not to interfere with Petitioner's peaceful possession and enjoyment over the subject property bearing Door No. 1-207, admeasuring an extent of Ac.0.03 cents in Survey No.219 situate in Angara Village, Kapileswarapuram Mandal, Dr.B.R.Ambedkar Konaseema District (Earlier part of East Godavari District 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 Show Cause notice vide proceedings R.C.No. 109/2025 dated 20.12.2025 issued by the Respondent Nos.2 & 3, pending disposal of the above writ petition IA NO: 2 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 direct the Respondent Nos.2 & 3 not to interfere with the possession, enjoyment and ownership of the Petitioner over the subject RC,J W.P.No.36564 of 2025 3 property bearing Door No. 1-207, admeasuring an extent of Ac.0.03 cents in Survey No.219 situate in Angara Village, Kapileswarapuram Mandal, Dr.B.R.Ambedkar Konaseema District (Earlier part of East Godavari District), pending disposal of the above writ petition Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): RC,J W.P.No.36564 of 2025 4 ORDER This Writ Petition has been filed impugning the show cause notice vide R.C.No.109/2025, dated 20.12.2025 issued by respondent nos.2 & 3 alleging that the petitioner encroached an extent of Ac.0-044 cents in Survey No.219 of Angara Village, Kapileswarapuram Mandal, Dr.B.R.Ambedkar Konaseema District and directing the petitioner to submit explanation within 15 days. 2. The case of the petitioner, in brief, is that his father Vasa Narasanna was granted house site patta vide R.C.No.A/245/93, dated 20.07.1993 by the then Tahsildar, Kapileswarapuram Mandal, East Godavari District for an extent of Ac.0-03 cents in plot No.433 in subject survey number and ever since the petitioner’s father had been in peaceful possession and enjoyment of the same, got constructed a pacca house therein, which was assessed to tax and was provided with electricity service connection and subsequent to death of his father, the petitioner being the sole legal heir succeeded the property. It is further submitted that one Sunkara Krishna of the subject village filed a Public Interest Litigation vide WP(PIL) No.112 of 2025 alleging that some villagers had encroached upon Oora Cheruvu Gattu, which is classified as Government land and water body, but the authorities failed to remove encroachments as mandated under G.O.Ms.No.188, dated 21.07.2011, without impleading the RC,J W.P.No.36564 of 2025 5 petitioner nor his father. That the said PIL was disposed of by this Court on 09.07.2025 in terms of the directions issued by a Division Bench of this Court in WP (PIL) No.140 of 2022 and batch dated 14.09.2022. It is further stated that when the revenue authorities started threatening the petitioner with eviction from Ac.0-03 cents of land, he filed Writ petition vide W.P.No.29497 of 2025 and the said writ petition was disposed of on 28.10.2025, directing the respondent authorities not to interfere with the peaceful possession and enjoyment of the subject property, except by following due process of law. That thereafter, the respondent nos.2 & 3 issued the impugned show cause notice dated 20.12.2025 alleging that the petitioner had encroached an area of Ac.0-044 cents, without proper application of mind, without mentioning the provision of law under which it was issued, without mentioning the factum of grant of patta to petitioner’s father and that the petitioner earlier filed writ petition. It is further stated that if the petitioner is treated as an encroacher, the Panchayat secretary is incompetent to issue notice and the revenue authorities alone can issue eviction notice by following the procedure contemplated under A.P.Land Encroachment Act, 1905 and moreover the petitioner was not afforded an opportunity of being heard. It is further stated that the impugned notice is liable to be set aside and the respondent nos.2 RC,J W.P.No.36564 of 2025 6 and 3 are to be directed to follow the directions given in the writ petition earlier filed by the petitioner. Hence, the writ petition. 3.Heard Sri N.Ashwani Kumar, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 4. Sri N.Ashwani Kumar, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that the impugned notice having been issued without mentioning the provision of law and jurisdiction, without referring to the earlier writ petition filed by the petitioner, without providing an opportunity of being heard to the petitioner and in utter disregard to the factum of issuance of patta for the subject land in favour of father of the petitioner, is liable to be set aside. Accordingly, prayed to allow the writ petition. 5. On the other hand, Sri Y.Koteswara Rao, learned Standing counsel and Ms.Naga Chandrika, learned Assistant Government Pleader, in one voice contended that it is fairly settled that writ petition filed questioning show cause notice is not maintainable and on the sole ground itself the writ petition is liable to be dismissed. They would further contend that the panchayat authorities are empowered to clear the encroachments made on village ponds RC,J W.P.No.36564 of 2025 7 and hence the contention regarding incompetence of the Panchayat Secretary in issuing eviction notice is untenable. Accordingly, prayed to dismiss the writ petition. 6. Perused the material available on record and considered the submissions made by the learned counsel for the parties. 7. The show-cause notice was challenged on the grounds that provision of law was not mentioned, earlier writ petition filed by the petitioner and the direction given to the authorities therein was not mentioned, the factum of issuance of patta for the subject land in favour of father of the petitioner was not taken into consideration, the petitioner was not given opportunity of being heard and moreover the authority is incompetent to issue notice of eviction, which can only be done by the revenue authorities by following the procedure contemplated under law. 8. It is a well-established principle of law that if an authority has the inherent power to take a certain action, that action is generally not invalidated solely because the specific provision of law was not mentioned in the order or notice. Though the impugned notice does not specify any provision of law, however it mentions the G.O.Ms.No.188, dated 21.07.2011 and also the orders passed by Division Bench of this Court. Therefore, the said ground RC,J W.P.No.36564 of 2025 8 urged by the learned counsel for the petitioner for setting aside the impugned notice is unsustainable. 9. A show-cause notice is generally dehors the normal writ jurisdiction of High Courts because it's an initial step, not a final order, and doesn't immediately affect rights, so courts prefer parties use alternative remedies; however, a writ can be issued if the show cause notice is completely without jurisdiction, is a malicious abuse of process, or is so vague it can't be answered. 10. Admittedly, the subject property is on Oora Cheruvu Tank. The Hon’ble Supreme Court in umpteen cases held that the tanks and water bodies should be protected, even otherwise no water is there and they are dry and it is the duty of the authority concerned to restore to its originality. Further, in many cases, the Hon’ble Supreme Court held that the authorities have to protect the properties belonging to the State as well as local bodies including tanks. The State of Andhra Pradesh has made certain Rules by way of G.O.Ms.No.188, Panchayat Raj and Rural Development (Pts.IV) Department, dated 21.07.2011 by duly taking into consideration the observations made by the Hon’ble Supreme Court . As per which the Gram Panchayat is duty bound to take steps for eviction of encroachments. RC,J W.P.No.36564 of 2025 9 Therefore, the contention raised by the learned counsel for the petitioner that Panchayat Secretary is incompetent to issue notice and it can only be given by Revenue Authorities is untenable. 11. No doubt, the writ petition filed by the petitioner was not referred to in the impugned show cause notice. But that by itself cannot vitiate the show cause notice and cannot be made a ground to set aside the impugned show cause notice, so also non-mention of patta issued in favour of father of the petitioner. 12. In view of the above, there is no merit in the writ petition to set aside the show cause notice, since none of the exceptions carved out for challenging the show cause notice in a writ court are made out. Therefore, the writ petition deserves dismissal. 13. Accordingly, the writ petition is dismissed. The petitioner is at liberty to submit explanation to the impugned show cause notice taking all the grounds that are available to him. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI DATED 31ST DAY OF DECEMBER, 2025. RR