APHC010514152025 IN THE HIGH COURT OF ANDHRA PRADESH f/o Hi AT AMARAVATI v (Special Original Jurisdiction) > #/ T? o THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26732 OF 2025 Between: 1. Kodali Sudhakar, S/o.Late K.Babu Rao, Aged about 39 R/o.H.No.^72. Gudlavalleru Mandal, Krishna District years, near Satyanarayanaswamy Temple, GudlavSferu (V), ...Petitioner AND 1. The State^Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj Department, Secretariat, Velgapudi, Guntur District 2. The Mandal Parishad Development Officer, Gudlavalleru Mandal Krishna District. 3. The Deputy Mandal Parishad Development Officer, Gudlavalleru Mandal Krishna District. 4. The Grama Panchayati, Gudlavalleru, Rep. by its Panchayati Secretary, Gudlavalleru (V), Gudlavalleru Mandal, Krishna District. 5. The Tahsildar, Gudlavalleru Mandal, Krishan District. ...Respondents under Article 226 of the Constitution of India praying that in the Petition circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction particularly one in the of writ of MANDAMUS declaring the action of the Respondents more nature particularly Respondent nos.2 to 5 in trying interfere and disposers the Door No.5-72, at Petitioner from shop with asbestos sheets bearing Gudlavalleru Village and Mandal without notice or orders and conducting illegal, irregular, arbitrary and contrary to the provisions of proper enquiry as AP Land Encroachment Act, 1905 and the rules framed there under and offends Arficles 14, 19, 21 and 300 A of the Constitution of India and consequently direct the respondents not to dispossess and interfere the petitioner from his shop wifh asbestos sheets bearing Door No.5-72, at Gudlavalleru Village and Mandal. lA 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 to direct the respondents not to dispossess the petitioner from shop wifh Door No.5-72, at Gudlavalleru Village and Mandal asbestos sheets bearing without due process of law, pending disposal of the mam writ petition. Counsel for the Petitioner; SRI P.RAVIKANTH , ^ Counsel for the Respondent Nos.1 & 5; GP FOR PANCHAYAT RAJ u RURAL DEVELOPMENT Counsel for the Respondent No.2 to 4: GP FOR REVENUE L. The Court made the following order: 1 APHC010514152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26732/2025 Between: 1.KODALI SUDHAKAR, S/O.LATE K.BABU RAO, AGED ABOUT 39 YEARS, R/O.H.NO.5/72, NEAR SATYANARAYANASWAMY TEMPLE, GUDLAVALLERU (V), GUDLAVALLERU MANUAL, KRISHNA DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT 2. MANUAL PARISHAD DEVELOPMENT OFFICER 2.THE GUDLAVALLERU MANUAL KRISHNA DISTRICT. 3. 3.THE DEPUTY MANUAL PARISHAD DEVELOPMENT OFFICER GUDLAVALLERU MANUAL KRISHNA DISTRICT. 4. REP. BY ITS 4.THE GRAMA PANCHAYATI, GUDLAVALLERU, PANCHAYATI SECRETARY, GUDLAVALLERU (V), GUDLAVALLERU MANUAL, KRISHNA DISTRICT. 5. 5.THE TAHSILDAR, GUDLAVALLERU MANUAL, KRISHAN DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction particularly \ 2 one in the nature of writ of MANDAMUS declaring the action of the Respondents more particularly Respondent nos.2 to 5 in trying interfere and dispossess the Petitioner from shop with asbestos sheets bearing Door No.5- 72, at Gudlavalleru Village and Mandal without notice or orders and conducting proper enquiry as illegal, irregular, arbitrary and contrary to the provisions of AP Land Encroachment Act, 1905 and the rules framed there under and offends Articles 14, 19, 21 and 300 A of the Constitution of India and consequently direct the respondents not to dispossess and interfere with the petitioner from his shop with asbestos sheets bearing Door No.5-72, at Gudlavalleru Village and Mandal and pass lA 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 dispossess the petitioner from shop with asbestos sheets bearing Door No.5-72, at Gudlavalleru Village and Mandal without due process of law, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1.P RAVIKANTH Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: ( 3 % THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITI0N.N0.26732 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “ to issue an appropriate writ, order or direction particularly one In the nature of writ of MANDAMUS declaring the action of the Respondents more particularly Respondent Nos. 2 to 5 in trying interfere and dispossess the Petitioner from shop with asbestos sheets bearing Door No. 5-72, at Gudlavalleru Village and Mandal without notice or orders and conducting proper enquiry as illegal, irregular, arbitrary and contrary to the provisions of AP Land Encroachment Act, 1905 and the Rules framed there under and offends Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess and interfere with the petitioner from his shop with asbestos sheets bearing Door No.572 at Gudlavalleru Village and Mandal and pass such other order or orders...” The case of the petitioner herein is that the petitioner along with his 2. mother have been in peaceful possession and enjoyment of the subject shop bearing D.No.5-72 situated at Gudlavalleru Village and Mandal, located on the road margin. He has constructed an ACC-roofed shop and has been vending fruits and cool drinks there since 1989. For which, the petitioner was granted license by the Gram Panchayat/ respondent No.4 on 06.11.2009 and the same has been continued till today and the petitioner has been provided electricity connection, thereafter. Later, the petitioner’s mother died on 30.05.2025 and the petitioner has been running the business. While so, the respondent authorities. more particularly, respondent No.4 herein without observing principles of natural justice and without following due process of law trying to dispossess from the 4 subject shop on the ground that the subject shop was constructed by encroaching the road margin. Hence, the writ petition. Heard learned counsel for petitioner, learned Government learned Standing Counsel for the respondents. Learned encroacher is entitled for 3. Pleader and 4. counsel for the petitioner further submits that even an a notice and for due process of law as contemplated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994 as well as the principles laid down by the Hon’ble Apex Court. On the other hand, learned Standing counsel for the respondents furnished written instructions dated 24.09.2025 issued by respondent No.4, wherein, the relevant portion is extracted hereunder: 5. 7 submit that the land measuring Ac.0.76 cents covered by R.S.No.218/1 (LPM No.314) of Gudlavalleru Village Is classified as Bandl Dari Poramboke and the Gram Panchayat, Gudlavalleru laid road in the said land. The said land is under the control of the Gram Panchayat, Gudlavalleru. The has writ petitioner has an extent of Ac.O.OTi cents in the said land by way of constructing a shop with asbestos sheets shed with Door No.5-72 by running business of vegetables and fruits. It Is submitted that the Gram Panchayat, Gudlavalleru has encroached passed a resolution to evict all the objectionable encroachments In the road margin. On the request made by the Gram Panchayat, Gudlavalleru, has been conducted by the Mandal Surveyour, Gudlavalleru identified the encroachments i, Marking of the encroachments Survey and the Gram Panchayat Roads. in was made on each construction covered by encraochements identified in the margin of Gram Panchayat roads. But no notices are issued so far for eviction of encroachments. 5 Learned Standing Counsel further submits that it is clear that the petitioner has been carrying out the business by encroaching the road margin to extent of Ac.0.oy2 cents by which the petitioner is causing traffic congestion and inconvenience to the public. As such, the respondent No.4 Gram Panchayat is taking steps for removal of said encroachment. He further submits that while removing the subject encroachments the respondents will follow due process of law. 6. an Considering the submissions made by the learned counsel for the petitioner and learned Standing Counsel for the respondents and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents, more particularly respondent no.4 to follow due process of law, if at all they intend to remove the encroachments made by the petitioner. Without following the same, the respondents are restrained to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. With the above directions, the writ petition is disposed of. There shall be 7. 8. no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. Sd/- M.PRABHAKXR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat, Velgapudi, Guntur District 1. / % 2. The Mandal Parishad Development Officer, GudlavMeru Mandal Krishna District. 3. The Deputy Mandal Parishad Development Officer Krishna District. 4. The Grama Panchayati, Gudlavalleru, Rep by its Panchay^ Secretary, Gudlavalleru (V), Gudlavalleru Mandal, Krishna District. Gudlav^ru Mandal 5. The Tahsildar, Gudlavalleru Mandal, Krishan District, x,/ 6. One CC to SRI P.Ravikanth Advocate [OPUC] / 7. Two CCs to GP for Panchayat Raj Rural Development High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 9. Two CD Copies MBT m HIGH COURT DATED:25/09/2025 ORDER WP NO. 26732 OF 2025 iT 0 7 OCT 2025 jl) X VNQijrrent Sectjgp.xv^ DISPOSING THE W.P WITHOUT COSTS