::1:: APHC010549072025 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: 28416/2025 Between: 1.PATURI VEERA BRAHMAM, S/O MARKANDEYULU, AGED 62 YEARS, CULTIVATION, R/O D.NO.1-121, MUNIKUDALI VILLAGE, SEETHANAGARAM MANDAL, EAST GODAVARI DISTRICT. 2.PATURI SARVA LAKSHMI, W/O. PATURI VEER BRAHMAM, AGED 52 YEARS. HOUSEWIFE, R/OD.NO.1-122, MUNIKUDALI VILLAGE, SEETHANAGARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP BY ITS PRL. SECRETARY, PANCHAYATH RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2.THE TAHSILDAR, SEETHANAGARAM MANDAL, EAST GODAVARI DISTRICT 3.MUNIKUDALI GRAMPANCHAYATH, REP BY ITS PANCHAYAT SECRETARY, MUNIKUDALI VILLAGE, SEETHANAGARAM MANDAL, EAST GODAVARI DISTRICT ...RESPONDENT(S): 2 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus (i) declaring the action on the part of Respondent no.3 in the issuing 2nd Notice dt.29-09-2025, preceded the Notice dt.06-09-2025, demanding compound wall constructed on the southern side of the Petitioner house bearing D.No. 1-121, existing in Sy.No.231/1 Munikudali Village, Seethanagaram Mandal, East Godavari District, as if the Petitioner encroached the SWLA Land existing on the southern side of the Petitioners compound wall, without even considering the detailed Reply dt.09-09-2025, given by Petitioner for the Dt Notice and without considering the request of the Petitioner to Respondent no. 2 to conduct survey by fixing F-Line of their land of an extent of Ac.0-4lets in Sy.No.231/1 Munikudali Village, Seethanagaram Mandal, East Godavari District is nothing but arbitrary, unlawful, and in violation of the fundamental rights of the Petitioners guaranteed under Article 14, 21 and 300A of Constitution India, (ii) consequently, directing Respondent No.3 not to interfere with the property of the Petitioners existing in D.No. 1-121 in Sy.No.231/1, in a total extent of 523.29 sq.yds of Munikudali Village, Seethanagaram Mandal, East Godavari District (iii) by further consequently directing the Respondent no.2 to conduct survey of the land of the Petitioners of an extent Sy.No.231/1 Munikudali Village, Seethanagaram Mandal, East Godavari District, as per their original title deed i.e., Regd. Sale Deed dt.08-02-1944, bearing Doc.No.336 of 1944 and pass….” 3 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondent Nos.1 and 2 and the learned Standing counsel for the respondent No.3. 3. The case of the petitioners is that the petitioners are the absolute owners and possessors of the subject house property bearing D.No.1-121 in Sy.No.231/1 at Munikudali Village, Seethanagaram Mandal, East Godavari District, having acquired the subject house property through their ancestors who acquired the subject land through title deed executed in the year 1994, since then the petitioners have been in peaceful possession and enjoyment of the same through themselves or either their predecessors. While things stood thus, to the utter surprise of the petitioner, the 3rd respondent Gram Panchayat issued a notice dated 06.09.2025 under sections 98 and 53 of the Andhra Pradesh Panchayat Raj Act, 1994, directing the petitioners to remove the alleged encroachments said to have been made by the petitioners while constructing the compound wall within a period of 15 days from the date of the receipt of the notice. For which, the petitioners have submitted their explanation dated 09.09.2025 i.e., within a period of one week as envisaged under notice, which was duly received by the respondent authorities 4 and acknowledged on 10.09.2025. Even after receipt of the petitioners’ explanation dated 09.09.2025 by the 3rd respondent Gram Panchayat, but having received as directed, without considering the same, proceeding to take coercive action against the petitioners’ subject property and issued a second notice dated 29.09.2025, by disregarding the explanation already submitted by the petitioners is nothing but arbitrary, illegal, and contrary to the principles of law administration. Hence, this writ petition. 4. On the other hand, the learned Standing Counsel for the 3rd respondent Gram Panchayat furnished written instructions wherein it is stated that one of the resident of Munikudali Village lodged a complaint in the PGRS against the petitioners, alleging that the petitioners had encroached on Government land reserved for department of Social Welfare (SWLA) and constructed a compound wall, requesting for its removal. Pursuant to the said complaint, a survey was conducted by the Mandal Surveyor, and as per the survey report, the petitioner had encroached against the SWLA (Social Welfare Land) in Sy.No.232/1A2, covering a portion of the western side CC road and the southern side of the western wall. Based on the said report, the Deputy MPDO (Mandal Parishad 5 Development Officer) directed the Panchayat Secretary to take appropriate action. Pursuant to which issue notices to the petitioners for the removal of the compound wall in respect of the subject land in Sy.No.232/1A2. Accordingly, the first notice was issued on 06.09.2025 and the second notice on 29.09.2025, granting 10 and 15 days’ time respectively. However, the petitioner did not take any steps for the removal of the encroachments. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Standing Counsel for the 3rd respondent Gram Panchayat and on perusal of the material available on record, and in view of the written instructions furnished by the 3rd respondent Gram Panchayat, it appears that the petitioners are holding the subject property through their ancestors and have been in peaceful possession and enjoyment of the same for several decades. It is stated that the petitioners have recently got constructed a compound wall. While so, it is alleged that the respondents have encroached upon Social Welfare Land (SWLA) in Sy.No.232/1A2, covering a portion of the western CC road and the southern side of the western wall. It is further noted that the 3rd respondent Gram Panchayat issued notices dated 06.09.2025 and 29.09.2025, 6 directing the petitioners to remove the alleged encroachments without providing any reasonable opportunity to submit their explanation or without affording any opportunity of hearing, and without conducting any proper survey or demarcation in the presence of the petitioners or through an independent mediator is unreasonable and contrary to the natural justice and basic terms of Law of Administration. Even if the alleged encroachment is assumed to be true, it is a well-settled legal proposition that no person can be dispossessed or subjected to removal/eviction without adhering to the principles of natural justice and the due process of law. In the instant case, although the 3rd respondent Gram Panchayat issued two notices, they cannot be treated as valid or lawful notices/orders as envisaged under the Act. Moreover, directing removal of the alleged encroachments in the essence of due process, any such action is contrary to law. As from the record, it is evident that the petitioners have already submitted a detailed explanation dated 09.09.2025, which was duly received by the 3rd respondent Gram Panchayat on 10.09.2025. Therefore, once such an explanation is received pursuant to its notice, it becomes the statutory obligation of the public authority that it has to examine and dispose of the same in accordance with law. Proceeding further without considering such explanation amounts to a failure to perform 7 a public duty casting upon it, is arbitrary, illegal and unsustainable in law. 6. In view of the facts and circumstances as stated above, the 3rd respondent Gram Panchayat is hereby directed to duly consider the explanation submitted by the petitioners on 09.09.2025 and to pass appropriate orders after affording an opportunity of hearing to the petitioners and any other stakeholders if any concerned. Furthermore, if the 3rd respondent Gram Panchayat considers it necessary to ascertain the actual extent of the alleged encroachment, it shall undertake a proper survey and demarcation with the assistance of the Revenue Department i.e., Tahsildar concerned, strictly in accordance with the provisions of the A.P. Survey and Boundaries Act, 1923. Only upon such determination, and after adhering to the principles of natural justice and the due process of law, may any further steps be taken in the matter. Accordingly, the 3rd respondent Gram Panchayat shall proceed further only after passing a speaking order in accordance with law and following the due procedure as contemplated hereinabove. With the above directions, the writ petition is disposed of. No costs. 8 As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 16.10.2025 klk 9 196 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.28416 of 2025 16.10.2025 klk