s IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2016 OF 2025 Between: Rajamundry Srinivasa Rao, S/o Veeraiah, aged about 45 Years, R/o Peyyeru, Mudinepalli Mandal, Eluru District. ...PETITIONER AND 1. The State of AP, Rep by its Principal Secretary, Dept, of Panchayatraju and rural Development, Secretariat Building Velagapudi, Amaravathi, Guntur Dist. 2. The District Panchayat Officer, Eluru District, Eluru. 3. The Peyyeru Gramapanchayat, Rep by its Panchayat Secretary, Peyyeru, Mudinepalli Mandal, Eluru District. 4. Pendurthy Lakshmi Venkata ChalapathiKumar, S/o Basavaraju, aged About 38 Years, R/o Peyyeru, Mudinepalli Mandal, Eluru District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 in the nature of Writ of Mandamus declaring the action of the 3rd respondent issuing the impugned notice vide R.O.C.No. 2/2025 dated 21.01.2025 against the petitioner without any show cause notice and without giving opportunity to defend his case by way of replay/explanati on as illegal, arbitrary, contrary to law, violation of principles of natural justice one and ^ provisions of Article 14, 21 and 300(A) of Constitution of India and set aside the above impugned notice R.O.C.No. 2/2025 dated 21.01.2025 of the 3rd respondent and further direct the official respondents not to interfere with peaceful possession and enjoyment of petitioner's site an extent of 82 yards including house, which is constructed with metal sheet roof, in R.S.No. 210/2 in Peyyeru village, Mudinepalli Manal, Eluru District procedure prescribed by law. lA NO: 1 OF 2025 without following Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay demolition of petitioner’s House, which is constructed with metal sheet roof, in R.S.No. 210/2 in Peyyeru village, Mudinepalli Manal, Eluru District. Counsel for the Petitioner: SRI T VV KOTESWARA RAO Counsel for the Respondent Nos. 1 & 2: GP FOR PANCHAYAT RURAL DEV RAJ Counsel for the Respondent No.3: SRI Y KOTESWARA RAO (SC FOR MPP, ZPP & GRAM PANCHAYAT) Counsel for the Respondent No.4:-— The Court made the following: ORDER % APHC010040092025 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: 2016/2025 Between: Rajamundry Srinivasa Rao ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1 .T VV KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 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 3 respondent issuing the impugned notice vide R.O.C.No.2/2025 dated 21.1.2025 against the petitioner without any show cause notice and without giving opportunity to defend his case by way of reply/explanation as illegal, arbitrary, contrary to law, violation of principles of natural justice, and provisions of Article 14, 21 and 300(A) of Constitution of India and set aside the above impugned notice R.O.C.No.2/2025 dated 21.1.2025 of the 3 respondent and further direct the official respondents not to interfere with peaceful possession and enjoyment of petitioner's site an extent of 82 yards including house, which is constructed with metal sheet roof, in R.S.No.210/2 in Peyyeru village, Mudinepalli Manal, Eluru District, without following procedure prescribed by law and pass such other order or orders...” rd rd 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The 3' respondent-Gram Panchayat issued notice dated 21.01.2025, 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. 5. Without going into merits of the case, treating the impugned notice dated 21.01.2025 as show cause notice, petitioner is directed to 3 submit an explanation to the impugned notice dated 21.01.2025, within a period of ten (10) days from today, by enclosing all the relevant documents. On submitting such explanation, the respondent is directed to examine the same and pass appropriate orders and communicate the said decision to the petitioner. Till such time, the 3 respondent is directed not to take any coercive steps against the rd subject property. With the above directions, the Writ Petition is disposed of. There 6. shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any shall stand closed. Sd/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, 1. The Principal Secretary, Dept, of Panchayatraju and rural Development, Secretariat Building Velagapudi, Amaravathi, Guntur Dist. 2. The District Panchayat Officer, Eluru District, Eluru. 3. The Panchayat Secretary, Peyyeru Gramapanchayat, Peyyeru, Mudinepalli Mandal, Eluru District. 4. One CC to Sri T VV Koteswara Rao Advocate [OPUC] 5. One CC to Sri Y Koteswara Rao (SC fpr ZPP, MPP & GP), Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATED;28/01/2025 ORDER WP.No.2016 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS