APHC010293982023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15035/2023 Between: 1. GALLA CHENNAIAH, S/O. CHENNAIAH AGED 67 YEARS, R/.PEDAGOGULAPALLI VILLAGE C.S.PURAM MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPARTMENT, A.P. SECRETARIAT. VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE, AP 3. THE DISTRICT PANCHAYAT OFFICER, ONGOLE, PRAKASAM DISTRICT, AP 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, C.S.PURAM, C.S.PURAM MANDAL PRAKASAM DISTRICT, ANDHRA PRADESH 5. THE EXTENSION OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT C.S.PURAM, PRAKASAM DISTRICT ANDHRA PRADESH 6. PEDA GOGULAPALLI GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY C.S.PURAM MANDAL, 2 PRAKASAM DISTRICT ANDHRA PRADESH CT IS AMENDED AS PER HE C.O. DATED.26.06.2023 VIDE ORDER PASSED IN IA NO. 2 OF 2023. 7. SMT GALLA ANKAMMA, W/ O.KONDAIAH AGE NOT KNOWN TO THE PETITIONER R/O.PEDAGOGULAPALLI VILLAGE, C.S.PURAM MANDAL, PRAKASAM DISTRICT ANDHRA PRADESH. ...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 a writ of mandamus declaring the action of the 6th Respondent in issuing Notice dt.12-06-2023 wherein called for objections from the petitioner and his brothers to mutate the residential house property bearing Assessment No.105, Door No. 4-3, situated at Peda Gogulapalli Village, C.S.Puram Mandal, Prakasam District, Andhra Pradesh and interfering in civil matter without any authority is illegal, arbitrary and unjust and consequently set aside the same by directing the respondents not to interfere with the peaceful possession and enjoyment of the residential house bearing Assessment No.105, Door No.4-3, situated at Peda Gogulapalli village, C.S.Puram Mandal, Prakasam District, Andhra Pradeshand pass IA NO: 1 OF 2023 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 grant stay of all further proceedings in pursuantto the notice dt.12-06-2023 issued by the 6th respondent, pending disposal of the above writ petition and pass IA NO: 2 OF 2023 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 permit the 3 petitioner to amend the name of the 6th Respondent as "PedaGogulapalli Gramapanchayat" instead of "Peda Gogulapalli Village" in WP No. 15035 of 2023 as well as in IA 1/2023 and pass Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following Order: Impugning the notice dated 12.06.2023 issued by the 6th respondent-Gram Panchayat, the present writ petition is filed. 2. Heard Ms. Kavitha Gottipati, learned counsel for the petitioner, Sri M. Sudheer, learned Standing Counsel for the Gram Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, submitted that the petitioner’s elder sister, by name Veerapaneni Ankamma, during her life time, executed a Will in favour of the petitioner and his brothers and they have been in joint possession of the same ever since. She further submitted that the petitioner’s brothers are not coming forward for partition of the property, with an intention to grab the same and that there exists a civil dispute between them. While so, the 6th respondent-Gram Panchayat without following 4 due process of law, interfered with the civil dispute between the petitioner and his brothers and got issued the impugned notice dated 12.06.2023 asking to file objection for changing the name in the house tax register, which is wholly unsustainable and contrary to law. If the same is allowed, it would not only affect the rights of the petitioner but he would become shelter less. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Standing Counsel contended that the Gram Panchayat has only issued a show-cause notice calling upon the petitioner to submit objections, if any. Instead of submitting the explanation, the petitioner straight way approached this Court and filed the present writ petition. He further submitted that a writ is not maintainable against the mere issuance of show-cause notice. Therefore, the writ petition is devoid of merits and deserves dismissal. Accordingly, prayed to dismiss. 5. A perusal of the impugned notice dated 12.06.2023 would go to show that the Gram Panchayat has called upon the petitioner to submit objections, if any, with regard to the proposed mutation for change of names in the House Property Register. Instead of submitting objections, if any, to the said notice, the 5 petitioner straight way knocked the doors of this Court under Article 226 of the Constitution of India and got filed the present writ petition. Ordinarily, writ petition does not lie against mere issuance of show-cause notice. Entertaining writ petition against show cause notice dehors the limit of Writ Jurisdiction, as held by the Hon’ble Supreme Court in Union of India & Another vs. Kunisetty Satyanarayana1. 6. In view of the above, as the petitioner did not raise any valid grounds warranting the interference of this Court, the Writ Petition deserves to be dismissed and is accordingly dismissed. However, the petitioner is not precluded from submitting an explanation as sought by the Gram Panchayat in the show-cause notice dated 12-06-2023. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.12.2025 ANS 1 (2006)12 SCC 28 6 388 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15035/2023 Date: 03.12.2025 ANS