APHC010478232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25128/2025 Between: 1. CHUTTAGULLA KRUPAMMA, W/O SUVARNA RAJU, AGE 47 YEARS, FEMALE, HOUSE WIFE R/O DIGAMARRU VILLAGE, PALAKOL MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM. 3. THE REVENUE DIVISIONAL OFFICER, NARASAPURAM, WEST GODAVARI DISTRICT. 4. THE THASILDAR, PALAKOL MANDAL, WEST GODAVARI DISTRICT. 5. THE PANCHAYAT SECRETARY, KOTHAPETA PANCHAYAT, PALAKOL MANDAL, WEST GODAVARI DISTRICT. 6. UWD SAI BABU, S/O -NOT-KNOWN, R/O VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT PRESENTLY RESIDING AT SANATH NAGAR, HYDERABAD. 2 ...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 a Writ of Mandamus, declaring the proceedings of the 3rd respondent/RDO, Narasapuram, vide 690/2025/D Dt. 18.08.2025 cancelling the Patta granted to late Smt. Chuttugulla Kanthamma under R.C. NO.791/20018/B Dt. 26.07.2018 in respect of Ac.0.01 72 cents in R.S.No.242 of Digamarru Village, Palakol Mandal, West Godavari District in violation of principles of natural justice and the consequential eviction notice dated 01.09.2025 issued by the 5th respondent/ Panchayat Secretary, as illegal, arbitrary, violative of principles of natural justice and contrary to Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the same and Pass s 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 suspend the operation of the cancellation order vide 690/2025/D Dt. 18.08.2025 passed by the 3rd respondent/ RDO, Narasapuram and the eviction notice dated 01.09.2025 issued by the 5th respondent/ Panchayat Secretary, and direct the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the house-site and building constructed therein in R.S.No.242 of Digamarru Village, Paiakol Mandal, West Godavari District and pass Counsel for the Petitioner: 1. KOTHA NAGA SURYA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.25128 OF 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 proceedings of the 3rd respondent/RDO, Narasapuram vide 690/2025/D Dt.18.08.2025 cancelling the Patta granted to late Smt.Chuttugulla Kanthamma under R.C.NO.791/20018/B, Dt.26.07.2018 in respect of Ac.0.01½ cents in R.S.No.242 of Digamarru Village, Palakol Mandal, West Godavari District in violation of principles of natural justice and the consequential eviction notice dated 01.09.2025 issued by the 5th respondent/ Panchayat Secretary as illegal, arbitrary, violative of principles of natural justice and contrary to Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the same pass such other order or orders...” 2. Heard learned counsel for petitioner, learned Standing Counsel for respondent No.5 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner’s mother in law was granted a house site patta to an extent of Ac.0.01½ cents in R.S.No.424 situated at Digamarru Village, Palakol Mandal, West Godavari District vide proceedings dated 26.07.2018 issued by respondent No.4 and later she has constructed a thatched house in the subject property. Further, after demise of her mother in law, the petitioner herein continued to reside in the said house and subsequently constructed an ACC Roof house at the subject property. Thus, the petitioner along with her family members have been in peaceful possession and 4 enjoyment of the subject property. While so, after lapse of six years, basing on the complaint filed by respondent No.6, the respondent No.3 issued an order dated 18.08.2025 unilaterally cancelling the patta granted in favour of the mother-in-law of the petitioner without issuing any notice to the petitioner. 4. Learned counsel for the petitioner further submits that pursuant to the orders dated 18.08.2024, respondent No.5 straightaway issued eviction notice dated 01.09.2025 (served on 03.09.2025) directing the petitioner to remove the temporary shed erected in the said land. Further, on such removal the subject land to be handed over to the respondent No.5 within a period of seven days from the date of receipt of the notice. He further submits that the subject impugned notice dated 01.09.2025 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. 5. On the other hand, learned Standing Counsel for the 5th 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 shed and to hand over the subject property to respondent No.5. 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 her explanation to substantiate her rights and title over the subject property. After such submission, the respondents, more particularly, 5th respondent- Gram Panchayat will consider the same and pass appropriate orders in accordance with law. 5 6. Considering the submissions made by the learned counsel for the petitioner, learned Standing counsel for the respondents and on perusal of the material placed on record, it is appears that the impugned notice dated 01.09.2025 issued to the petitioner is in the form of an order directing the petitioner to evict subject property, 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 01.09.2025 as a show-cause notice. Further the petitioner herein is permitted to submit her detailed explanation to the notice along with the documents to substantiate her claim over the subject property. 7. 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 01.09.2025 treating it is as a show-cause notice and substantiate her 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 will 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 evict/interfere with the peaceful possession and 6 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 Date:22.09.2025 BSP 7 183 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.25128 OF 2025 DATED:22.09.2025 BSP