APHC010488802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25064/2025 Between: 1. VANAPALLI POUL RAJU, S/O.SATYANARAYANA, AGED ABOUT 58 YEARS, D.NO. 1-106, NEAR CHURCH, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 2. VANAPALLI SUGUNA,, S/O. POUL RAJU, AGED ABOUT 53 YEARS, D.NO.4-106, NEAR CHURCH, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATHI RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, WEST GODAVARI DISTRICT AT BHIMAVARAM 3. THE TAHSILDAR, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 4. THE PANCHAYATH SECRETARY, GOLALAKODERU GRAMA PANCHAYATH, PALAKODERU MANDAL MANDAL, WEST GODAVARI 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 2 pleased topleased to issue Order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ petition is filed questioning the action of the 4th respondent in issuing notice, dated. 26- 08- 2024 wherein and where under we were directed to vacate the premises and also directed to select alternative land for our living under the guise that we have encroached the burial ground belonging to the government and constructed houses an extent of Ac.0.4 cents each in R.S. No. 261 in Gollalakoderu Gram Panchayat area of Palakoderu Mandal. West Godavari District on the basis of a news article which was published in the Eenadu newspaper without following due process of is illegal, arbitrary exercise of power, violative of principles of law. natural justice and contrary to the Article 14, 21 and 300A of the constitution of India and also contrary and consequently set aside the impugned notice dated. 26-08-2025 and not to interfere with petitioner peaceful possession and pass 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 direct the respondents not to interfere with out possession over the lands to an extent of Ac. 0.4 cents each in Sy. No.261 in Goilalakoderu Village, Palakoderu Mandal, West Godavri District and pass Counsel for the Petitioner(S): 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25064/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus questioning the action of the 4th respondent in issuing notice, dated 26.08.2025 wherein and where under we were directed to vacate the premises and also directed to select alternative land for our living under the guise that we have encroached the burial ground belonging to the government and constructed houses an extent of Ac.0.4 cents each in R.S.No.261 in Gollalakoderu Gram Panchayat area of Palakoderu Mandal, West Godavari District on the basis of a news article which was published in the Eenadu newspaper without following due process of is illegal, arbitrary exercise of power, violative of principles of natural justice and contrary to the Article 14, 21 and 300-A of the Constitution of India and also contrary and consequently set aside the impugned notice dated 26.08.2025 and not to interfere with petitioners’ peaceful possession and pass such other order.” 2. Heard learned counsel for the petitioners, learned Government Pleader for Respondent No.1, learned Government Pleader for Revenue for Respondent Nos.2 and 3 and learned Standing Counsel for Respondent No.4 and perused the material placed on record. 3. Learned counsel for the petitioners submits that the petitioners herein are in possession and enjoyment of an extent Ac.0.4 cents each in R.S.No.261 situated at Gollalakoderu Gram 4 Panchayat area of Palakoderu Mandal, West Godavari District and they have been constructed houses and living at their respective houses since long time. He further submits that without considering their longstanding possession over the subject property and without issuing any prior notice and without following due process of law, respondent No.4 issued impugned notice dated 26.08.2025 directing the petitioners to vacate the subject house properties since the subject land in R.S.No.261 was classified as “Burial Ground” as per the revenue record as notified by the 3rd Respondent – Tahsildar. He further submits that even though the petitioners herein are classified as encroachers, they are entitled due process as contemplated under the Act as well as ratio laid down by this Hon’ble Court time and again, as such the impugned notice dated 26.08.2025 issued by the 4th respondent is liable to be set aside. 4. On the other hand, learned Government Pleader for respondent Nos.2 and 3 furnished written instructions submitted by the 3rd respondent reiterating the contentions as mentioned in the notice and further stated that as per G.O.Ms.No.188 dated 21.07.2011, the Gram Panchayats are entrusted with the responsibility to protect, maintain and prevent the encroachments if any upon lands vested with them, including those classified as burial grounds. 5 5. Considering the submissions made by both the counsel, it is observed that the impugned notice dated 26.08.2025 was issued pursuant to the news item was published in the Telugu daily and straightaway directed the petitioners to vacate the subject premises which is certainly non-observation of principles of natural justice and also due process as contemplated. 6. In view of the foregoing discussions, the impugned notice dated 26.08.2025 should be treated as show cause notice issued by the Gram Panchayat calling explanation from the petitioners. Therefore, the petitioners are hereby directed to submit their respective explanations by substantiating their claim towards title and possession over the subject property within a period of three (03) weeks from today. After such submission of explanation, the 4th respondent shall consider the same and pass speaking orders, after providing opportunity of hearing to the petitioners and other stakeholders if any and with reference to Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 read with Rule 14 of the Andhra Pradesh Gram Panchayat (Protection of Properties) Rules, 2011, within a period of two (02) months thereafter. 7. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ property. Further, the petitioners are at liberty to submit representations for allotting alternative sites basing on the suitability 6 and availability of land and the same should be considered by the respondent Nos.2 and 3 herein within time bound i.e., as early as possible. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1177..0099..22002255 TTPPSS 7 196 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:25064 of 2025 1177..0099..22002255 TTPPSS