APHC010549782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28410/2025 Between: 1. MYPATI VENKATESWARLU, S/O. VENKATA SUBBAIAH, AGED ABOUT 50 YEARS, OCCU AGRICULTURE, SUNNAPUBATTI VILLAGE IN KOTHAPALLI KOURUGUNTA VILLAGE, DAGADARTI MANDAL, S.P.S.R. NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, VLAGAPUDI,SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE THASILDAR AND MANDAL EXECUTIVE MAGISTRATE, DAGADARTI MANDAL, S.P.S.R. NELLORE DISTRICT. 3. KOTHAPALLI KOURUGUNTA VILLAGE, REP. BY ITS PANCHAYAT SECRETARY, DAGADARTI MANDAL, S.P.S.R.NELLORE 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 pleased topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Madamus declaring the action of the 3rd respondent in issuing the Notice Dated 23.09.2025, vide R.O.C.No. 02/A.L/2025/G.P pursuant to the letter addressed by the 2nd respondent to the 3rd respondent as illegal, arbitrary and viloative of Article 14 and 300-A of the Constitution of 2 India and consequently set aside the Notice, Dated. 23.09.2025, issued vide R.O.C.No. 02/A.L/2025/G.P by the 3rd Respondent and pass 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 all further proceedings pursuant to the Notice, Dated: 23.09.2025 vide R.O.C.No. 02/A.L/2025/G.P issued by the 3rd respondent and pass Counsel for the Petitioner: 1. G VIJAYA BABU 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 PETITION NO: 28410/2025 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 more particularly a Writ of Mandamus declaring the action of the 3rd respondent in issuing the Notice dated 23.09.2025, vide R.O.C.No.02/A.L/2025/G.P in view of the letter addressed by the 2nd respondent to the 3rd respondent as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently set aside the Notice, dated 23.09.2025 vide R.O.C.No. 02/A.L/2025/G.P issued by the 3rd respondent and pass such other order or orders...= 2. Heard learned counsel for petitioner, learned Standing Counsel for respondent No.3 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner got constructed a new RCC building in the land admeasuring to an extent of 30 ankanas. The petitioner had obtained permission from the Gram Panchayat for construction. For which, the Gram Panchayat also passed resolution No.78. He further submits that the petitioner has been paying house tax regularly without committing any default. While so, one of the villagers of Kothapalli Village made a complaint to the 2nd respondent that less than one cent of Gramakantam land was included and occupied at the house site of the petitioner i.e., 30 Ankanas. Basing upon the said complaint, the 2nd respondent directed the 3rd respondent to take action against the petitioner. While so, without issuing show-cause notice, the 3rd respondent issued a notice dated 23.09.2025 directing the petitioner to remove the encroachment made at the alleged 2 Ankanas of land, which is classified as 4 Gramakantam land within a period of seven days. Even though it is named as notice, but it is in the form of an order. He further submits that the subject impugned notice dated 23.09.2025 is not preceded by any prior notice which is contrary to the principles of natural justice and due procedure as contemplated under Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994. Hence, the writ petition. 4. On the other hand, learned Standing Counsel for the 3rd respondent submits that even though the subject impugned notice is named as notice, but it is in the form of an order directing the petitioner to remove the encroachment. As such, the learned Standing Counsel submits that let there be a direction to the petitioner that to treat the impugned notice as show-cause notice and to submit his explanation to substantiate his rights and title over the subject property. After such submission, the respondents, more particularly, 3rd respondent will consider the same and pass appropriate orders in accordance with law. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is appears that the impugned notice dated 23.09.2025 issued to the petitioner is in the form of an order directing the petitioner to remove the encroachment, much less, without any prior notice and without observing due process. Therefore, as contended by the learned Standing Counsel, the petitioner may treat the impugned notice dated 23.09.2025 as a show-cause notice. Further the petitioner herein is permitted to submit his detailed explanation to the notice along with the documents to substantiate his claim over the subject property. 5 6. In view of the reasons stated above, the present writ petition is disposed of, directing the petitioner to submit detailed explanation to the notice dated 23.09.2025 treating it is as a show-cause notice and substantiate his claim over the subject property, within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of such explanation, the respondents are directed to consider the same and pass appropriate orders, after conducting survey and demarcation in the presence of petitioner. After such survey and demarcation, if any encroachments are found, then the respondents shall follow due procedure as contemplated under the Act for removal of the same. The entire exercise shall be completed within a period of two (02) months, thereafter. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. There shall be no order as to costs. Consequently, miscellaneous petitions, pending, if any, shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 15.10.2025 TPS 6 84 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.28410 OF 2025 15.10.2025 TPS