APHC010552162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28481/2025 Between: 1. KADABALA NOOKARATNAM,, D/O ABBAI REDDY, AGE 40 YEARS, OCC HOUSEWIFE, R/O INDIRA COLONY, Y.RAMAVARAM VILLAGE AND MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, AT PADERU, ALLURI SITHA RAMA RAJU DISTRICT. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, Y.RAMAVARAM MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. 4. THE GRAMA PANCHAYAT, Y.RAMAVARAM VILLAGE AND MANDAL, ALLURI SITHA RAMA RAJU DISTRICT, REP. BY ITS PANCHAYAT SECRETARY. 5. THE TAHSILDAR, Y.RAMAVARAM MANDAL, ALLURI SITHA RAM RAJU DISTRICT. 6. LANDA SARADA DEVI, W/O RAJESH, R/O Y.RAMAVARAM VILLAGE AND MANDAL, ALLURI SITHA RAMA RAJU DISTRICT. ...RESPONDENT(S): 2 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 order or direction more particularly one in the nature of Writ of MANDAMUS declaring the respondent in Ref.No.2A/2024, dt 09.10.2025notice issued by the 4th respondent in Ref.No.2A/2024, dt 09.10.2025 issued under asking the petitioner to vacate from the premises forthwith in Sy.No.10 to an extent of Ac 0.02 cts as wholly illegal, arbitrary and in violation of principles of natural justice and also contrary to the Rules made under GOMsNo.188, dt 21.07.2011 and consequently set aside the notice issued by the 4th respondent vide Ref.No.2A/2024, dt 09.10.2025, in the interest of justice 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 stay of all further proceedings in pursuance of the notice issued by the 4th respondent in Ref.No.2A/2024, dt: 09.10.2025, pending disposal of the above writ petition Counsel for the Petitioner: 1. K VENKATESH Counsel for the Respondent(S): 1. K VENKATESH 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: 28481/2025 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 declaring the respondent in Ref.No.2A/2024, dated 09.10.2025 notice issued by the 4th respondent in Ref.No.2A/2024, dated 09.10.2025 issued under asking the petitioner to vacate from the premises forthwith in Sy.No.10 to an extent of Ac 0.02 cts as wholly illegal, arbitrary and in violation of principles of natural justice and also contrary to the Rules made under G.O.Ms.No.188, dated 21.07.2011 and consequently set aside the notice issued by the 4th respondent vide Ref.No.2A/2024, dated 09.10.2025, in the interest of justice and pass such other order.= 2. The brief facts leading to filing of this writ petition are that, the petitioner herein is in possession of a house site admeasuring to an extent of Ac.0.06 cents in Sy.No.8/2 situated in Y.Ramavaram Village & Mandal, Alluri Sitha Rama Raju District. The petitioner have constructed a small shop therein and doing iron business. The said shop was assessed by the Gram Panchayat vide assessment No.651. While so, the 4th respondent issued a notice dated 09.10.2025 directing the petitioner to vacate the subject premises, without issuing any prior notice. Challenging the said notice dated 09.10.2025, the present Writ Petition is filed. 4 3. During hearing, learned counsel for the petitioner contended that, no show cause notice was issued and the notice impugned in this writ petition is in the nature of order and not a notice calling for objections from the petitioner for the proposed eviction, therefore, the proposed action of eviction is against the principles of natural justice and is illegal and arbitrary. 4. Whereas, learned Assistant Government Pleader for Panchayat Raj substantiated that the impugned notice is issued after having found the petitioner is an encroacher of public road and requesting to pass appropriate orders by this Court. 5. Learned Standing Counsel for respondent No.4 furnished written instructions dated 16.10.2025, wherein it is stated that pursuant to the survey report dated 09.10.2025, it is found that there are encroachments in the subject land and the respondent authorities issued notice dated 09.10.2025 for removal of the said encroachments. 6. On careful examination of the impugned notice, though it is styled as 8notice9, it is an 8order9 issued directing the petitioner to voluntarily vacate/evict the subject premises/shop, with a threatened action from the Gram Panchayat to remove the same. It is settled law that, for issuing any order affecting the interest of any person, a notice has to be issued calling for the version from the affected party. Without giving any opportunity to the petitioner to put-forth her 5 version by issuing a show cause notice or giving opportunity of personal hearing, issuing the impugned order by the Gram Panchayat directing to vacate is in clear violation of principles of natural justice. Nowhere, it is mentioned in the impugned notice that the petitioner was issued any show-cause notice or an opportunity was provided to her to put-forth her version. In view of the same, in the considered opinion of this Court, the impugned Notice dated 09.10.2025 issued by the 4th respondent would not sustain in the eye of law and it is liable to be set-aside. 6. In the result, writ petition is allowed with the following directions: (i) Notice dated 09.10.2025 issued by the 4th Respondent – Y.Ramavaram Gram Panchayat is hereby set-aside; (ii) It is needless to observe that the respondents are at liberty to initiate appropriate proceedings by following due process in accordance with law. No order as to costs. Consequently, miscellaneous applications pending if any, shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 16.10.2025 BBSSPP 6 95 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28481/2025 16.10.2025 BBSSPP