APHC010123712023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6216/2023 Between: 1. NAKKIRI PEDDI RAJU, S/O. VENKATESWARA RAO, AGED 51 YEARS 2. SEELAM PALLESWARA RAO,, S/O. RAMA RAO, AGED 41 YEARS. 3. KATTULA PANDU RANGA, S/O. APPA RAO, AGED 52 YEARS 4. GUNUPUDI SATYAVATHI, W/O. LATE KRISHNA RAO, AGED 72 YEARS 5. KALAPU RATNAKUMARI, W/O. RAMA RAO, AGED 60 YEARS 6. YANDRAPU VEER NAGA RAJU, S/O. PEDDIRAJU, AGED 26 YEARS 7. OGIRALA RAJU,, S/O. SRIRAMULU, AGED 56 YEARS 8. VEMULAPALLI VENKATA KRISHNA RAO, S/O. PUMA CHANDRA RAO, AGED 50 YEARS. 9. CHEEPURUPALLI KANAKA RAJU, S/O. ANJANEYULU, AGED 52 YEARS 10. SOMIREDDY CHENNAIAH,, S/O. JOGULU, AGED 75 YEARS 11. SHAIK KHALEEM SAHEB,, S/O. MADEENA SAHEB, AGED 45 YEARS 2 12. KATTULA RAVI KUMAR,, S/O. APPA RAO, AGED 51 YEARS 13. SAMMETLA BALA RAM, S/O. SURYANARAYANA, AGED 71 YEARS 14. IDUNGULA NAGA BABU,, S/O. SURYA RAO, AGED 49 YEARS 15. POSINA SURI BABU,, S/O. LATE SATTI RAJU, AGED 57 YEARS 16. MANEPALLI DHANA LAKSHMI,, W/O. VENKATESWARA RAO, AGED 50 YEARS. 17. KONETI BALAJI, S/O. PEDDI RAJU, AGED 42 YEARS 18. AKULA YESU RAJU,, S/O. POTHU RAJU, AGED 44 YEARS 19. PEDAPUDI BABU RAO, S/O. NARASIMHAMURTHY, AGED 66 YEARS 20. PUPPALA MAHESWARA RAO,, S/O. CHINEMASTAN RAO. AGED 47 YEARS 21. KUNCHANGI KOTESWARA RAO,, S/O. RAMALINGA SWAMY, AGED 45 YEARS. 22. GANTA SRINIVASA RAO,, S/O. VEERA SWAMY, AGED 50 YEARS. ALL ARE ARTISANS BY THEIR PROFESSION, R/O. CHEBROLU VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT, (FORMERLY WEST GODAVARI DISTRICT). ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR PANCHAYAT WING, ELURU DISTRICT AT ELURU. (FORMERLY WEST GODAVARI DISTRICT). 3. DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT 3 ELURU. (FORMERLY WEST GODAVARI DISTRICT). 4. CHEBROLU GRAMA PANCHAYAT, REP BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, CHEBROLU VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). 5. TAHSILDAR, UNGUTURU MANDAL, ELURU DISTRICT. (FORMERLY WEST GODAVARI DISTRICT). 6. ASSISTANT ENGINEER, MAJOR IRRIGATION DEPARTMENT, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. 7. STATION HOUSE OFFICER, CHEBROLU POLICE STATION, UNGUTUR MANDAL, ELURU DISTRICT. (FORMERLY 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 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Proceedings in R.O.C.No.29/2023, dt. 07.03.2023 issued by 4th respondent, thereby directing the petitioners to vacate from their respective houses and site properties situated in R.S. Nos. 172, 173, 187 and 188 of Chebrolu Revenue Village in Unguturu Mandal of Eluru District, without considering reply/objections dt. 28.09.2022 submitted by petitioners and without opportunity of hearing to petitioners in violation of Doctrine of Audi Alterem Partem, as illegal, irregular, irrational, without any authority or sanction of law and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with possession and enjoyment of petitioners over their said house and site properties 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 to suspend the operation of Proceedings in R.O.C.No.29/2023, dated 07.03.2023 issued by 4th respondent and consequently direct the respondents not to interfere in any manner with 4 petitioners' houses and site properties situated in R.S. Nos. 172, 173, 187 and 188 of Chebrolu Revenue Village in Unguturu Mandal of Eluru District, pending disposal of the main Writ Petition and pass IA NO: 2 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 to vacate the interim order dated 14.03.2023 in W.P.No.6216 of 2023 and also dismiss the writ petition and pass such Counsel for the Petitioner(S): 1. V.N.V.SURYA DATTU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 5. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 5 ORDER: Impugning the proceedings in R.O.C.No.29/2023 dated 07.03.2023 issued by the 4th respondent thereby directing the petitioners to vacate their respective houses and site properties situated in R.S.Nos.172, 173, 187 & 188 of Chebrolu Revenue Village in Unguturu Mandal, Eluru District, without considering the objections dated 28.09.2022 and without an opportunity of hearing to the petitioners in violation of Audi Alteram Partem Principle, as illegal and arbitrary, the present writ petition. 2. Heard Ms.P.Satya Haritha, learned counsel representing Sri V.N.V.Surya Dattu, learned counsel for the petitioners, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat, Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the petitioners succeeded the subject property from their forefathers and are in peaceful possession and enjoyment of the same from the times immemorial. While so, the 4th respondent issued notices dated 12.09.2022 & 26.09.2022 directing the petitioners to show cause as to why they should not be evicted from the subject properties. To the said notices, the petitioners submitted reply/objections dated 28.09.2022. Without considering the same, the respondent Gram Panchayat tried to evict the petitioners from the subject 6 property, they filed W.P.No.40595 of 2022 before this Court and the same was disposed of by order dated 15.12.2022 directing the respondents not to dispossess the petitioners from the subject property, without following due process of law and without passing final orders on the reply/objections dated 28.09.2022. She further submitted that pursuant to the said order of this Court, the Gram Panchayat issued proceedings dated 07.03.2023 directing the petitioners to vacate the subject properties without considering the objections dated 28.09.2022 and without an opportunity of personal hearing in violation of principles of natural justice as well as G.O.Ms.No.188 dated 21.07.2011. She further submitted that if the said notice is allowed to subsist, it would affect the rights of the petitioners, as such, the impugned notice is liable to be set aside, accordingly, prayed to set aside the same. 4. On the other hand, learned Standing Counsel for Gram Panchayat placed a copy of the counter on record across the bench and contended that there is neither illegality nor procedural irregularity in passing the impugned order. In fact, prior notices have been issued to the petitioners for which they also submitted an explanation. After duly taking into consideration, the said explanation submitted by the petitioners, the orders impugned have been passed. In the said circumstances, the petitioners cannot find fault saying that the order passed is in clear 7 violation of principles of natural justice. The writ petition is devoid of merit and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. It is not in dispute that the Gram Panchayat has issued the notices to the petitioners on the ground that they have encroached the Government land. It is also not in dispute that the petitioners have submitted their explanation dated 28.09.2022. Without considering the said explanation, when the Gram Panchayat tried to evict the petitioners, they filed W.P.No.40595 of 2022. This Court, on 15.12.2022 disposed of the said writ petition directing the respondents not to dispossess the petitioners from the subject property without following due process of law and without passing final orders on the explanation/reply submitted by the petitioners. Further, the record would also indicate that no personal hearing as required under per G.O.Ms.No.188 dated 21.07.2011 has been provided to the petitioners before passing the impugned orders. The relevant Rule 4(i) of the said G.O., reads as follows: 4.(i) Where it is brought to the notice that any property of the Panchayat is under occupation of any persons the Executive authority (Panchayat Secretary) shall serve a notice to the party concerned and give a brief hearing before proceeding for eviction. 8 7. By virtue of the above Rule, the Gram Panchayat has to provide an opportunity of personal hearing to the parties before passing any orders on the individuals/encroachers. A bare reading of the case goes to show that no personal hearing was also provided to the petitioners and there is a clear violation of G.O.Ms.No.188 dated 21.07.2011 and the Audi Alteram Partem rule, as such, the impugned proceedings is liable to be set aside. As such, this Court is inclined to dispose of the writ petition by passing the following order: <The impugned proceedings in R.O.C.No.29/2023 dated 07.03.2023 is hereby set aside and the matter is remitted back to the Gram Panchayat concerned. The Gram Panchayat shall provide an opportunity of personal hearing to the petitioners and pass order accordingly and communicate the same to them. Till such exercise, the respondents are directed not to take any coercive steps against the petitioners. The entire exercise shall be completed as expeditiously as possible not later than twelve (12) weeks from the date of receipt of a copy of this order.= 9. Accordingly, 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: 10th December, 2025 RKS