APHC010231142023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. ADAPA DEVI, W/O. KRISHNA, HINDU, AGED ABOUT 43 YEARS, FEMALE, R/O. D.NO.2 WEST GODAVARI DISTRICT. 2. PADALA SRINU,, S/O. APPARAO, HINDU, AGED ABOUT 39 YEARS, MALE, R/O. D.NO.1 3. SADANALA KRISHNA KUMARI,, W/O. NARASIMHAMURTHI, HINDU, FEMALE, AGED 62 YEARS, R/O. D.NO.1 NARASIMHAPURAM, WEST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PANCHAYAT RAJ WING WEST GODAVARI DISTRICT BHIMAVARAM. 3. KOWADA ANNAVA SECRETARY KOWADA ANNAVARAM, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12122/2023 ADAPA DEVI, W/O. KRISHNA, HINDU, AGED ABOUT 43 YEARS, FEMALE, R/O. D.NO.2-107/1, KOWADA, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. S/O. APPARAO, HINDU, AGED ABOUT 39 YEARS, MALE, R/O. D.NO.1-46/1, KOWADA, WEST GODAVARI DISTRICT. SADANALA KRISHNA KUMARI,, W/O. NARASIMHAMURTHI, HINDU, FEMALE, AGED 62 YEARS, R/O. D.NO.1-24, BHIMAVARAM, NARASIMHAPURAM, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, PANCHAYAT RAJ WING WEST GODAVARI DISTRICT BHIMAVARAM. KOWADA ANNAVARAM GRAM PANCHAYAT, REP. BY ITS SECRETARY KOWADA ANNAVARAM, BHIMAVARAM 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 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ADAPA DEVI, W/O. KRISHNA, HINDU, AGED ABOUT 43 YEARS, 107/1, KOWADA, BHIMAVARAM MANDAL, S/O. APPARAO, HINDU, AGED ABOUT 39 YEARS, 46/1, KOWADA, WEST GODAVARI DISTRICT. SADANALA KRISHNA KUMARI,, W/O. NARASIMHAMURTHI, HINDU, 24, BHIMAVARAM, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, THE DISTRICT COLLECTOR, PANCHAYAT RAJ WING WEST RAM GRAM PANCHAYAT, REP. BY ITS SECRETARY KOWADA ANNAVARAM, BHIMAVARAM MANDAL, ...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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed and illegal action on the part of the Respondent No.3 in issuing notice in Rc.No.4/2023 dt.27.04.2023 thereby interference of the civil disputes and proposed to demolish our respective houses bearing Door Nos.1-17 (Assessment No.14), bearing Door No.1-19 (Assessment No.15), bearing Door No.1-11 (AssessmentNo.9) in Sy.No.72 of Kowada Annavaram Village, as illegal, irregular, arbitrary violative of the settled principles of law and also offends Articles 14, 21 and 300-A of Constitution of India and to consequently direct the respondents not to interfere with our peaceful possession and enjoyment over the above said houses bearing Door Nos.1-17 (Assessment No.14), bearing Door No. 1-19 (Assessment No.15), bearing Door No.1-11 (Assessment No.9) in Sy.No.72 of Kowada Annavaram Village, Bhimavaram Mandal, West Godavari District any manner including our dispossession and demolition and to 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 direct the respondents not to interfere with our possession and enjoyment of the houses bearing Door Nos.1-17 (Assessment No.14), bearing Door No.1-19 (Assessment No.15), bearing Door No.1-11 (AssesqmentNo.9) in Sy.No.72 of Kowad. Annavaram Village, Bhimavaram Mandal, West Godavae. District in any manner including the dispossession and demolition by duly suspending the operation of order Dt.27.04.2023 in Rc.No.4/2023, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER This writ petition is filed aggrieved by the action of respondent no.3 in issuing notice in Rc.No.4/2023, dated 27.04.2023 proposing to demolish houses of the petitioners situated in Survey No.72 of Kovvada Annavaram Village. 2. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner, Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat and Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj. 3. The counter affidavit of respondent no.3 would indicate that the petitioners have raised sheds in land classified as “Bandidari (Cart track)” in revenue records and hence show cause notices were issued calling for their explanation and instead of submitting explanation they filed the present writ petition. 4. Perusal of the notice impugned in this writ petition would show that the petitioners were asked to submit explanation enclosing documents, if any, they possess within fifteen days or else necessary action follows. Therefore, as rightly stated in the counter affidavit, the petitioners instead of submitting explanation to the show-cause notice approached this Court by way of this writ petition. 5. It is settled that a writ filed questioning show cause notice is not maintainable, unless issued by the authority not competent to issue or exceeding the jurisdiction conferred upon him by the statute. None of these grounds have been raised by the petitioners in this writ petition. 6. At this juncture, learned counsel for the petitioner sought permission of this Court to submit explanation to the show cause notices. 7. In view of the above, this writ petition is disposed of, granting liberty to the petitioners to submit explanations to the show cause notices within a period of two (02) weeks from the date of receipt of copy of this order and on such explanation, the authorities shall consider and pass orders in accordance with law, if necessary by providing an opportunity of being heard to the petitioners, within a period of four (04) weeks thereafter. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Dated: 3rd December, 2025. RR