APHC010550602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28387/2025 Between: 1. ANNE NARASIMHA RAO,, S/O. SURYANARAYANA AGE 65 YEARS, OCCUPATION- CULTIVATION R/O. THUKKULURU VILLAGE NUZVID MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT. 3. THE TAHSILDAR, , NUZVID MANDAL NUZVID, ELURU DISTRICT. 4. THE THUKKULRU GRAM PANCHAYAT, THUKKULURU, NUZVID MANDAL, ELURU DISTRICT, REPRESENTED BY ITS SECRETARY ...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 order or direction, more particularly, one in the nature of Writ of MANDAMUS declaring the Notice issued by the 4th respondent in PR No. 12/2025-26 dated 06.10.2025, whereby directed the petitioner not to make any further constructions in an extent of Ac. 0.02 cents in Sy. No. 78/10 of Thukkuluru Village, Nuzvid Mandal, Eluru District and also directed to handover vacant possession of the said land to the 4th respondent Grampanchayat within 14 days as illegal, 2 arbitrary, ultra vires, against to the principles of natural justice and contrary to law apart from being violative of Article 21 and 300A of the Constitution of India and set aside the same consequentially direct the Respondents not to interfere with the possession and enjoyment of the petitioners land in an extent of Ac. 0.03 cents in Sy. No. 78/10 of Thukkuluru Village, Nuzvid Mandal, Eluru District in the interest of justice and pass 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 Notice issued by the 4th respondent in PR No. 12/2025-26 dated 06.10.2025 pending disposal of the above Writ Petition in the interest of justice and pas Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28387/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the notice issued by the 4th respondent in PR No.12/2025-26 dated 06.10.2025, whereby directed the petitioner not to make any further constructions in an extent of Ac.0.02 cents in Sy. No.78/10 of Thukkuluru Village, Nuzvid Mandal, Eluru District and also directed to handover vacant possession of the said land to the 4th respondent Grampanchayat within 14 days as illegal, arbitrary, ultra vires, against to the principles of natural justice and contrary to law apart from being violative of Article 21 and 300-A of the Constitution of India and set aside the same consequentially direct the respondents not to interfere with the possession and enjoyment of the petitioners’ land in an extent of Ac.0.03 cents in Sy.No.78/10 of Thukkuluru Village, Nuzvid Mandal, Eluru District in the interest of justice and pass such other order.” 2. Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj for respondent No.1, learned Government Pleader for respondent Nos.2 and 3 and learned Standing Counsel for respondent No.4. 3. The brief facts of the case are that the land in survey No.78/10, situated at Thukkuluru Village, Nuzvid Mandal, Eluru District is classified as Gramakantam land as per revenue records. The petitioner is in peaceful possession and occupation of an extent of Ac.0.03 cents in the subject survey number for several years. The 4 petitioner has been utilizing the said land for rearing the cattle by erecting a shed. Recently, the petitioner started construction of a residential house in the said land. While so, the 4th respondent issued a notice dated 06.10.2025 directing the petitioner to stop the further construction work and vacate the subject property and hand over the possession of the land to the Gram Panchayat within a period of fourteen days. Hence, the Writ Petition. 4. During hearing, learned counsel for the petitioner contended that, no show cause notice was issued and the notice impugned in this writ petition is in the nature of order and not a notice calling for objections from the petitioner for the proposed eviction, therefore, it is illegal and arbitrary. 5. Learned counsel for the petitioner relied upon the ratio laid down by this Court in Bayya Mahadeva Sastry and others Vs. State of Andhra Pradesh, rep by its Principal Secretary, (Panchayat Department), Velagapudi Amaravathi, Guntur District and others1, which is extracted hereunder: “In the result, this writ petition is allowed and the impugned notice dated 13.01.2020 issued by the respondent Nos.4 and 5 to the petitioners is held to be without any power or jurisdiction and consequently the respondents are directed not to interfere with the possession and enjoyment of the petitioners including 1 2020 (4) ALT 250 5 their construction of compound wall in the subject property situated near Bus Stand, Chintha Chettu, previously known as Thane House, Pachipenta village and Mandal, Vizianagaram District. No costs.” 6. On the other hand, learned Standing Counsel for respondent No.4 furnished written instructions dated 15.10.2025, wherein it is stated as follows: “The notice was issued following a complaint received from Sri Rudrapati Rajendra Prasad, S/o.Ashok through PGRS vide complaint NO.ELR20251006688 dated 26.04.2025, a resident of the village, highlighting the encroachment on Gramakantam land. Upon receipt of the complaint, this office conducted a preliminary verification, including site inspection, and confirmed the facts. The notice dated 06.10.2025 (PR NO.12/2025-26) was then issued in the interest of protecting public land from illegal occupation, directing the petitioner to stop further construction and hand over vacant possession within 14 days. Failure to comply would invite appropriate action under the Andhra Pradesh Panchayat Raj Act, 1994. The Gram Panchayat has the authority under Section 58 and other relevant provisions of the Andhra Pradesh Panchayat Raj Act, 1994, to regulate and protect Grama Kantam lands from encroachments. The notice is neither arbitrary nor violative of natural justice, as it was based on a verified complaint and serves the public interest.” 6 7. Learned Assistant Government Pleader for Panchayat Raj supported the impugned order, while requesting to pass appropriate order by this Court. 8. On careful examination of the impugned notice, though it is styled as ‘notice’, it is an ‘order’ issued directing the petitioner to stop the construction work and vacate the subject property and hand over the possession of the said property to the Gram Panchayat, with a threatened action from the Gram Panchayat if the petitioner not done the same, the Gram Panchayat will acquire the said land and cost incurred will be collected from the petitioner. It is settled law that, for issuing any order affecting the interest of any person, a notice has to be issued calling for the version from the affected party. Without giving any opportunity to the petitioner to put-forth his version by issuing a show cause notice or giving opportunity of personal hearing, issuing order by the Gram Panchayat directing to vacate is in clear violation of principles of natural justice. Nowhere, it is mentioned in the impugned notice that the petitioner was issued any show-cause notice or an opportunity was provided to him to put- forth his version. In view of the same, in the considered opinion of this Court, the impugned Notice dated 06.10.2025 issued by the 4th respondent would not sustain in the eye of law and it is liable to be set-aside. 7 9. In the result, Writ Petition is allowed with the following directions: (i) Notice dated 06.10.2025 issued by the 4th Respondent – Thukkulru Gram Panchayat is hereby set-aside; (ii) It is needless to observe that the respondents are at liberty to proceed further and follow due procedure, in accordance with law. No order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 15.10.2025 TTPPSS 8 222 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28387/2025 15.10.2025 TTPPSS