APHC010031972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT: HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 1603/2025 Between: Paleru Sankara Rao ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MAGANTI SAI KRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 2 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s: "….to issue a Writ or Writs, more particularly one in the nature of a Writ of Mandamus, declaring the action of the Respondents in attempting to demolish the construction in Sy.No.584/3 of Cherukuru Village, Paruchuru Mandal, Bapatla District, while the matter is sub judice and pending disposal of the appeal dated 16.01.2025, preferred against the executive order dated 05.12.2024, as illegal, arbitrary, and violative of the principles of natural justice and Articles 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere with the Petitioners’ peaceful possession of their houses located in Sy.No.584/3, Cherukuru Village, Paruchuru Mandal, Bapatla District, until the disposal of the appeal and the pending writ petition, WP No.29890/2024 and further direct the Respondents not to take any coercive action including demolition against the Petitioners houses without following due process of law, until the final disposal of the appeal and the writ petition and / or pass such other orders……." 2. Basing on the order in W.P. (PIL) No.208 of 2023 dated 20.12.2023, the 6th respondent-Panchayat Secretary issued notice dated 07.11.2024, directing the petitioner herein to remove the encroachments voluntarily, failing which, the Panchayat will take action against the encroachers as per law. 3. Aggrieved by the said notice dated 07.11.2024, the petitioner herein filed W.P.No.29890 of 2024 before this Court and the same is sub-judice before this Court. Now the 6th respondent issued the present impugned notice dated 05.12.2024, directing the petitioner herein to hand over an extent of 96 square yards along with constructions for the use of Gram Panchayat, indicating that an appeal is provided under Section 128 of the A.P.Panchayat Raj Act, 1994. 3 4. Accordingly, the petitioner herein filed an appeal before the 5th respondent-District Panchayat Officer. Now the said appeal is pending before the 5th respondent. 5. Learned Standing Counsel for the 6th respondent has furnished proceedings dated 22.01.2025 of the Panchayat Secretary-6th respondent. As per the said proceedings, it is admitted that an appeal is pending before the 5th respondent-District Panchayat Officer. 6. If the subject property of the appeal is demolished during pendency of the appeal, the appeal would render infructuous. 7. Hence, this Court, without going into the merits of the case, is inclined to dispose of the Writ Petition with a direction to the 5th respondent to dispose of the appeal, as expeditiously as possible, preferably, within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed not to take any coercive steps against the subject property. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 22.01.2025 siva 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.1603 of 2025 Date: 22.01.2025 siva