APHC010563312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29067/2025 Between: 1. BYRI SURYANARAYANA, S/O. LATE ASITANNA, AGED 62 YEARS, OCC CULTIVATION, R/O. BYRI VILLAGE AND POST, SRIKAKULAM RURAL- MANDAL, SRIKAKULAM DISTRICT. 2. BYRI VENKATARAMANA,, S/O. SURYANARAYANA, AGED 42 YEARS, OCC CULTIVATION, R/O. BYRI VILLAGE AND POST, SRIKAKULAM RURAL- MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, SRIKAKULAM DISTRICT AT SRIKAKULAM. 3. THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM DISTRICT AT SRIKAKULAM. 2 4. THE DIVISIONAL PANCHAYAT OFFICER, SRIKAKULAM DIVISION, SRIKAKULAM DISTRICT. 5. THE TAHSILDAR, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 7. THE BHYRI GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY -CUM-PANCHAYAT SECRETARY, BHYRI VILLAGE AND PANCHAYAT, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 8. THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT AT SRIKAKULAM. 9. THE STATION HOUSE OFFICER, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. 10. NAKKA SIMHACHALAM, S/O. RAMANAMMA, AGED 58 YEARS, OCC CULTIVATION, R/O. BYRI VILLAGE AND POST, SRIKAKULAM RURAL MANDAL SRIKAKULAM DISTRICT. 11. RAYI SAI KIRAN, S/O. THAVUDU, AGED 49 YEARS, R/O. SBI COLONY, BONDILIPURAM, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. 12. YENDU CHINNARAO, S/O. LATE APPALASURI, OCC CULTIVATION, BYRI VILLAGE AND POST, SRIKAKULAM RURAL MANDAL, SRIKAKULAM DISTRICT. ...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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 7th Respondent in issuing eviction order in the form of 3 Urgent Eviction Notice in Roc.No. 15/2025, dated 26.09.2025 thereby directing the Petitioners to remove part of their building property/ so called encroachment alleged to be situated in Sy. No. 31-11B of Bhyri Village and Panchayat, Srikakulam Rural Mandal of Srikakulam District, without considering the Petitioners objections submitted on 27.01.2025 pursuant to its preceded notice in Roc.No.04/2025, dated 09.01.2025, as illegal, irregular, irrational, and violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and Rules framed thereunder and it offends Articles 14, 21 and 300-Aofthe Constitution of India and consequently direct the Respondents more particularly Respondent No's. 5 to 9 to desist from taking any coercive or eviction action pursuant to the said Urgent Eviction Notice or any frivolous complaints made against the Petitioners said property, pending before this Hon'ble Court Counsel for the Petitioner(S): 1. PALA KARTHI KIRAN Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.29067 of 2025 This Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: <..issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 7th Respondent in issuing eviction order in the form of Urgent Eviction Notice in Roc.No. 15/2025, dated 26.09.2025 thereby directing the Petitioners to remove part of their building property/ so called encroachment alleged to be situated in Sy. No. 31-11B of Bhyri Village and Panchayat, Srikakulam Rural Mandal of Srikakulam District, without considering the Petitioners objections submitted on 27.01.2025 pursuant to its preceded notice in Roc.No.04/2025, dated 09.01.2025, as illegal, irregular, irrational, and violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and Rules framed thereunder and it offends Articles 14, 21 and 300-Aofthe Constitution of India and consequently direct the Respondents more particularly Respondent No's. 5 to 9 to desist from taking any coercive or eviction action pursuant to the said Urgent Eviction Notice or any frivolous complaints made against the Petitioners said property.= 2. Heard learned counsel for the petitioner, learned Standing Counsel for Gram Panchayat and perused the material placed on record. 3. Learned counsel for the petitioners submits that the 1st petitioner is the rightful owner, possessor and enjoyer of land to an extent of Ac.0.48 cents comprising Ac.0.33 cents and Ac.0.15 cents 5 respectively covered by Sy.Nos.31/1B2 and 31/6 B of Bhyri Village and Panchayat, Srikakulam Rural Mandal of Srikakulam District having been purchased the same from its legitimate vendors vide Registered Sale deed bearing Doc.No.2358 of 2013, dated 28.03.2013 for a valid consideration. Since then the 1st petitioner has been in possession of said land without any interruption from any person. 4. While things stood thus, contrary to the facts, a malicious and frivolous complaint was filed by the 10th respondent to the concerned authorities alleging that an encroachment on the part of the petitioner over part of irrigation canal bund covered by Sy.No.31- 11B situated beside the National Highway (NH-16). On such frivolous complaint the 7th respondent without conducting proper enquiry issued a primary notice in Roc.No.04/2025, dated 09.01.2025 directing the 1st petitioner to submit relevant documents viz., title deeds, plan and permissions pertaining to the building alleged to be constructed on irrigation canal. In response to the said notice, the 1st petitioner submitted objections to the 7th respondent on 27.01.2025. Despite 1st petitioner’s objections and evidence placed on record, the 7th respondent issued Final Urgent Notice in Roc.No.15/2025, dated 26.09.2025 ordering removal of the so- 6 called alleged encroachment without considering petitioner’s objections and affording an opportunity of hearing. Hence the writ petition. 5. On the other hand, learned Government Pleader submits that let there be a direction to the petitioners to submit their objections if not already submitted to the notice dated 09.01.2025 issued by the 7th respondent by treating the same as show-cause notice. Thereupon, the respondent authorities will consider the same and a reasoned order will be passed in accordance with law. 6. Having regard to the submissions of the learned counsel for the petitioner, learned Standing Counsel for the Respondent-Gram Panchayat and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of by directing the petitioners treat the impugned notice dated 26.09.2025 as show-cause notice, for which, the petitioners are hereby directed to submit detailed objections/explanation along with required documents if not already submitted substantiating their right over the subject property within a period of three (03) weeks from the date of receipt of a copy of this order. After such submission, the respondent authorities are directed to consider the same and pass appropriate order, by providing an opportunity of 7 personal hearing to the petitioners and other stake holders, if any, in accordance with law, within a period of four (04) weeks thereafter. After passing such order, the respondents are at liberty to proceed further in accordance with law. 7. In the meanwhile, the respondents are directed not to interfere with the petitioners’ peaceful possession and enjoyment over the subject property. 9. In the result, the Writ Petition is disposed of. There shall be no order as to costs. _______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:17.10.2025 krk 8 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 167 WRIT PETITION No.29067 OF 2025 Date:17.10.2025 krk