APHC010504962025 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: 25888/2025 Between: 1. REMALLI SALMAN RAJU, S/O. MATHUSHALA AGED ABOUT 57 YEARS, R/O.D.NO.5-141, T.NARASAPURAM VILLAGE AND MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR PANCHAYAT WING, ELURU DISTRICT, AT ELURU. 3. T NARASAPURAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, T.NARASAPURAM VILLAGE AND MANDAL ELURU DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ, or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in trying to demolish the Petitioners house bearing Door No.5-141, situated at T.Narasapuram Village and Mandal, Eluru District, without considering the explanations submitted by the Petitioner to the Notices dated 6-1-2025 and 6-6-2025 and without passing any Final Orders, as arbitrary, illegal, unconstitutional, against to principles of natural justice and contrary to the provisions of Andhra Pradesh Panchayat Raj Act, and to pass…” 2. The case of the petitioner is that the petitioner was assigned a house site patta admeasuring to an extent of Ac.0.03 cents in Sy.No.414-2, situated at T. Narsapuram Village and Mandal, Eluru District, vide proceedings dated 20.04.2008 issued by the then Tahsildar. The petitioner constructed a tin shed on the said site and has been residing there with his family. The Gram Panchayat also allotted Door No.5-141 in respect of the assigned house site, and the petitioner has been in peaceful possession and enjoyment of the said property. 3. The learned counsel for the petitioner submits that the 3rd respondent/Gram Panchayat issued a show-cause notice dated 06.01.2025 to the petitioner, alleging that he had encroached on the R&B road margin and got constructed a tin shed, and directing the petitioner to submit his explanation along with all the required documents within a period of seven (07) days from date of receipt of the notice. For which, the petitioner submitted his explanation dated 10.01.2025, stating that he did not encroach upon the R&B road, and that the revenue authorities also issued a house site patta in his favour, along with about 60 other members, all of whom were issued pattas have constructed houses and are residing there. He further submits that without considering the explanation of the petitioner, the 3rd respondent issued another notice dated 06.06.2025 with similar allegations, to which the petitioner again submitted an explanation on 12.06.2025. However, without considering either of the explanations of the petitioner dated 10.01.2025 and 12.06.2025 and without conducting any enquiry or passing any speaking order, the 3rd respondent and his staff threatened to demolish the petitioner’s house property, which is contrary to law and in violation of the principles of natural justice, as well as the principle of fair and reasonableness on the part of the public authority while hearing the case of the petitioner. Hence, the writ petition. 4. On the other hand, the learned Standing counsel for the 3rd respondent Gram Panchayat furnished the written instructions dated 20.09.2025 wherein it is stated that, the Deputy Engineer of R&B addressed a letter to the 3rd respondent on 06.01.2025, stating that one Solmon Raju and 58 others had occupied the road margin, and requested action against them. Pursuant to the said letter, the 3rd respondent conducted an enquiry on 12.06.2025. In view of the enquiry and evidence produced by the petitioner through his explanation, including the house site patta, current house tax bill, and old house tax receipts, the PGRS complaint was closed. It is further stated that the Mandal surveyor of T. Narsapuram conducted a survey on 02.09.2025, and as per the survey, the land in Sy.No.414/2 is earmarked and classified as Gram Panchayat cart track. Pursuant to the explanation submitted by the petitioner on 12.06.2025, no steps have been initiated by the respondents against the petitioner’s house site patta. It is further submitted that if the respondents to take any action against the petitioner’s house site patta, the respondents will follow due process of law as contemplated under law. 5. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the 3rd respondent Gram Panchayat and on perused the material available on record. 6. Considering the submissions made by both the learned counsel, it is observed that the petitioner was earlier issued notices dated 06.01.2025 and 06.06.2025, alleging that he is an encroacher occupying the road margin of the R&B road. The 3rd respondent received the petitioner’s explanation dated 12.06.2025. It is further observed that, despite receiving the said explanation, without passing any speaking order and without affording an opportunity of hearing to the petitioner, the 3rd respondent again issuing a show- cause notice calling for documents and explanation, which is contrary to basic principles of administrative law and violative of the principles of natural justice, fairness, and reasonableness being a public authority. It is also observed that, according to the survey purportedly conducted by the Mandal Surveyor on 02.09.2025, the subject land, where house site pattas were granted in favour of the petitioner and others, has been classified as a Gram Panchayat cart track. However, the alleged survey is said to have been conducted without issuing any prior notice to the petitioner or the other house site patta holders. If the respondents intend to take any action against the petitioner or others who were granted house site pattas, they shall follow due procedure by conducting a proper survey in accordance with the provisions of the A.P. Land Encroachment Act, 1905, and adhere to the procedure prescribed for dealing with pattas already granted in favour of the petitioner. Until such procedure is duly followed, the respondents shall not interfere with the peaceful possession and enjoyment of the subject property. 7. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 22.09.2025 kkllkk 45 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.25888 of 2025 22.09.2025 kkllkk