APHC010614422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31699/2025 Between: 1. SIRIKI RAMAKRISHNA, S/O JOGARAO, AGED ABOUT 48 YEARS, BUSINESS, R/O D.NO.5-21, MAIN ROAD, BADAMPUDI VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT. 2. BODABALLA VENKATA RAMANA,, S/O APPALASWAMY, AGED ABOUT 47 YEARS. BUSINESS, R/O D.NO.5-22 MAIN ROAD, BADAMPUDI VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU GODAVARI, ELURU. 3. THE TAHSILDAR, UNGUTURU MANDAL, ELURU DISTRICT. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, UNGUTURU MANDAL, ELURU DISTRICT. 5. THE VILLAGE REVENUE OFFICER, BADAMPUDI VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT 6. THE BADAMPUDI GRAM PANCHAYAT, REPRESENTED BY PANCHAYAT SECRETARY, BADAMPUDI VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT. Page 2 of 6 ...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, especially one in the nature of Writ of Mandamus, declaring the action of the Respondents particularly the 6th respondent in trying to demolish petitioners houses bearing D.No.5- 21 and 5- 22, Main road, Badampudi Village, Unguturu Mandal, Eluru District, without waiting for explanation to be submitted for the notices, dt.07-11-2025, issued by the 6th respondent, is illegal, arbitrary, violative of Principles of Natural Justice, contrary to the provisions of A.P Panchayat Raj Act, 1994 and rules made their under and Articles 14, 21 and 300-A of the Constitution of India and consequently desist the respondents and their staff from interfering with petitioners possession and enjoyment of our houses stated supra, 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 direct the respondents and their staff not to interfere with petitioners possession and enjoyment of houses bearing D.No.5-21 and 5-22, Main road, Badampudi Village, Unguturu Mandal, Eluru District, pending disposal of the above Writ Petition Counsel for the Petitioner(S): 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.31699 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the Respondents particularly the 6th respondent in trying to demolish petitioners houses bearing D.No.5-21 and 5-22, Main road, Badampudi Village, Unguturu Mandal, Eluru District, without waiting for explanation to be submitted for the notices, dt.07-11-2025, issued by the 6th respondent, is illegal, arbitrary, violative of Principles of Natural Justice, contrary to the provisions of A.P Panchayat Raj Act, 1994 and rules made their under and Articles 14, 21 and 300-A of the Constitution of India and consequently desist the respondents and their staff from interfering with petitioners possession and enjoyment of houses stated supra and pass such other order or orders…” 2. A notice dated 07.11.2025 was issued by the 6th respondent-Panchayat Secretary to the petitioner, to submit his explanation within seven days from the date of receipt of notice, basing on a complaint made by the villagers of Badampudi Grama Panchayati through PGRS system. The contents of the notice is that the petitioner has encroached on R.S.No.133/2B leading to traffic congestion at the entrance of the Shivalayam temple and the R&B Main Road, facing a danger to the residents of Badampudi Grama Panchayati. The said notice was issued in pursuant to G.O.Ms.No.188, dated 21.07.2011. Earlier the 6th respondent-Panchayat Secretary issued notice dated 03.10.2025, to attend for an enquiry to conduct Survey on 18.10.2025, relating to LPM No: 265, 105. Page 4 of 6 3. The said notices were challenged in the present writ petition on the ground that despite a notice has been issued to submit explanation, without awaiting for the explanation, the 6th respondent is intending and threatening to demolish the shops located in R.S.No.133/2B having D.Nos.5-21 and 5-22, Main Road, Badampudi Village, Unguturu Mandal, Eluru District, though the time stipulated under the impugned notice has not elapsed. 4. Learned Assistant Government Pleader would submit that 1st notice was issued on 03.10.2025, to submit explanation, but the petitioner has not submitted his explanation, as stipulated in the notice, and the 2nd notice was issued on 07.11.2025, after lapse of one month, to attend for an enquiry regarding the conduct of a survey. 5. As the issue pertains to demolition, the petitioner claims that he was not given any opportunity to submit an explanation to the notice dated 07.11.2025. The natural justice or fair play as it is characterized at times is regarded as the best instrument to secure justice, or to prevent miscarriage of justice, and to promote the interest of justice. 6. Therefore, without going to the merits of the case, the petitioner is hereby directed to submit explanation within seven (07) days from date of receipt of a copy of the order, if the same is not submitted. On submitting such explanation, the 6th respondent is directed to examine the same, in accordance with law, and pass appropriate orders and communicate the same to the petitioner. Till consideration of the explanation offered by the petitioner, the 6th respondent is directed not to take any coercive steps against the subject property. 7. With the above directions, the present 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. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 17.11.2025 KBN 70 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.31699 OF 2025 KBN