IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATK^ (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY'-^" TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEkAar RAO WRIT PETITION NO: 2011 OF 2025 ^ Between: Tetali Venkata Ramireddy, S/o. Tetali Srirama Reddy, Occ: Agriculture R/o. H.No.1-132, OC Colony, Krishnampalem Village, Devarapalli Mandal East Godavari District; ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj'Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati, Guntur District. 2. The District Collector, East Godavari District, Rajamahendravaram. 3. The District Panchayat Officer, East Godavari District, Rajamahendravafam. 4. The Divisional Panchayat Officer, KovVur, East Godavari District. 5. The Executive Engineer, Roads and Buildings Department, Kovvur Division, Kovvur, East Godavari District. 6. The Tahsildar, Devarapalli MaYi9al, East Godavari District! 7. The Mandal Parishad Development Officer, (MPDO) Devarapalli Mandal, East Godavari District. 8. The Extension Officer (PR and RD), Devarapalli Vandal, East Godavari District. 9. The Gram Panchayat, Krishnam^lem, Rep. by its Secretary, Krishnampalem Village, Devarapalli Mandal, East Godavari District. ...RESPONDENTS 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 action of the respondents starting the activity of demolition of the Petitioner’s Tobacco Barren with RCC Roofed Shed in R.S.No. 813/1 to an extent of Ac. 0-30 Cents in situated at Krishnampalem Village, Devarapalli Mandal, East Godavari District without giving any notices and without following due process of law even though the Petitioner is entitled under deemed permission as illegal, unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and contrary to the Provisions of the AP Panchayat Raj Act and A.P. Gram Panchayat Land Development (Layout and Building) Rules 2002and Principles of Natural justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioner from his Tobacco Barren shed. lA 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 to direct the respondents not to disturb the possession and enjoyment of the Petitioner’s Tobacco Barren with RCC Roofed Shed in R.S.No. 813/1 to an extent of Ac. 0-30 Cents in situated at Krishnampalem Village, Devarapalli Mandal, East Godavari District in any manner including the demolition. Counsel for the Petitioner: SRI V SATYANARAYANA NEKKANTI Counsel for the Respondent Nos.1,3 ,4 & 8: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 6: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR ROADS & BUILDINGS Counsel for the Respondent Nos.7 & 9: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following; ORDER APHC010039802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330] (Special Original Jurisdiction) TUESDAY.THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2011/2025 Between: Tetali Venkata Ramireddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.V SATYANARAYANA NEKKANTI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR ROADS BUILDINGS 3.GP FOR REVENUE 2 The Court made the following order:- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents starting the activity of demolition of the Petitioner’s Tobacco Barren with RCC Roofed Shed in R.S.No.813/1 to an extent of Ac.0-30 Cents in situated at Krishnampalem Village, Devarapalli Mandal, East Godavari District without giving any notices and without following due process of law even though the Petitioner is entitled under deemed permission as illegal, unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and contrary to the Provisions of the AP Panchayat Raj Act and A.P.Gram Panchayat Land Development (Layout and Building) Rules 2002 and Principles of Natural justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioner from his Tobacco Barren shed and pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. The 9*^ respondent-Gram Panchayat issued notice dated 3. 10.01.2025, directing the petitioner to remove the encroachments in the subject property. The said notice was assailed in the present writ petition on the ground that no prior notice was issued and it amounts to violation of principles of natural justice. 4. Learned counsel for the respondents sought time for obtaining instructions. This Court rejected the said request. 3 Without going into merits of the case, treating the impugned notice dated 10.01.2025 as show cause notice, petitioner is directed to 5. submit an explanation to the impugned notice dated 10.01.2025, within a period of ten (10) days from today, by enclosing all the relevant documents. On submitting such explanation, the 9*'" respondent is directed to examine the same and pass appropriate orders and th communicate the said decision to the petitioner. Till such time, the 9 respondent is directed not to take any coercive steps against the subject property. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any shall stand closed. / Sd/- M.PRABHAKAR RAO ASSISTANT REGISJRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat'T^j Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Thullur Mandal, Amaravati Guntur District. 2. The District CoTlector, East Godavari District, amahendravaram. 3. The District Panchayat Officer, East Godavari District, Raj amahendravaram. 4. The Divisional Panchayat Officer, Ko'^r, East Godavari District. 5. The Executive Engineer,, Roads and Buildings Department, KovVlir Division, Kovvur, East Godavari District. 6. The Tahsildar, DevarapaHfMandal, East Godavari District. 7. The Mandal Parishad Development Officer, (MPDO) Devara^lii Mandal, East Godavari District. 8. The Extension Officer (PR and RD), Devarapalli IWandal, East Godavari District. 9. The Secretary, Gram Panchayat, Krishnampalem, Krishnampalem Village, Devarapalli Mandal, East Godavari District. 10. One CC to Sri V. Satyanarayana Nekkanti, Advocate [OPUC] 11. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] \ 12. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT 13. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT V/''' 14. Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh. [OUT] 15. Three CD Copies. ssb < HIGH COURT V y - 1.' T-- X •ta DATED:28/01/2025 ORDER ■ofANDH]^ O x 0 3 FEB 2025 ^ Current Section ^ WP.No.2011 of 2025 Co DISPOSING OF THE W.P. WITHOUT COSTS