APHC010261002023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13610/2023 Between: 1. KAGITHA LAKSHMI, W/O LATE SRINIVASARAO, AGE 41 YEARS, OCC. HOUSE WIFE, R/O KAKARAWADA VILLAGE, MUDINEPALLI MANDAL, KRISHNA DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE DIVISIONAL PANCHAYAT OFFICER, GUDIWADA, ELURU DIST. 3. THE MANDAL PARISHAD DEVELOPMET OFFICER, KALIINDI MANDAL, ELURU DISTRICT. 4. THE PANCHAYAT SECRETARY, VANUDURRU GRAM PANCHAYAT, MUDINEPALLI MANDAL, ELURU DIST. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 High Court may be pleased topleased to issue an appropriate Writ Order or orders, or Direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings Roc.No. 08/2023 dated 16.03.2023 issued by the 4th respondent is illegal, arbitrary , contrary to law and violation of Provisions of Article 14 and 21 of Constitution of India and set aside the same and 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 Stay of dispossession of the petitioner from her Fish Tank to an extent of Ac. 2.00 cts in R.S.No. 223/A in Vanuduru village, Mudinepalli Mandal, Eluru Dist (Old Krishna Dist) and pass Counsel for the Petitioner: 1. T V V KOTESWARA 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: Challenging the impugned proceedings vide Roc.No.08/2023, dated 16.03.2023, issued by the 4th respondent-Gram Panchayat, directing the petitioner to remove the encroachments on the land to an extent of Ac.3.97 cents situated in R.S.No.223/A of Jammu Tank in Vanuduru 3 Gram Panchayat area and to hand over the same to the gram Panchayat, without following the due procedure contemplated under law, the present writ petition is filed. 2. No representation for the petitioner. Heard Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. When the matter is taken up consideration today, learned Standing Counsel for the Gram Panchayat sought time to file counter affidavit. 5. Perused the record. 6. The main grievance of the petitioner is that the respondent authorities, without following due process of law, are insisting her to remove the encroachments on the subject land and to hand over the same to the Gram Panchayat concerned. Though the matter is of the year 2023, the respondent authorities did not choose to file their counter affidavit. A bare reading of the impugned proceedings dated 16.03.2023 would go to show that nowhere it mentioned the 4 issuance of prior show-cause notice to the encroachers, though encroachments have been identified by way of concerned Tahsildar’s report. Issuing the impugned notice in this manner without issuance of show cause notice inviting explanation is violative of audi alteram partem principle. As such, there is no purpose in keeping the writ petition pending inviting counter affidavit, even after filing the counter affidavit the order would remain the same. <Therefore, the impugned proceedings issued by the 4th respondent-Gram Panchayat vide Roc.No.08/2023, dated 16.03.2023, is hereby set aside. However, the respondent authorities are not precluded to take steps in accordance with law.= 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.12.2025 ANS 5 391 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13610/2023 Date: 03.12.2025 ANS