THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.26998 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “To issue Writ of Mandamus, declaring the action of the respondents specially Secretary of 4th respondent and its staff in attempting to demolish the rest room attached with petitioner constructed house in 14.92 ankanams, out of an extent of 21.66 ankanams, situated in Sy.No.824-2 Peda Konduru Village, peda Konduru panchayat, Kaligiri Mandal, SPSR Nellore, without following due process of law and consequently direct the respondents from further interfering with the possession and enjoyment of the house referred supra.” 2. It is the case of the petitioner that, she is the absolute owner of property in an extent of 21.66 ankannams, out of which she constructed house in 14.92 ankanams, situated in Sy.No.824-2, Peda Konduru Village, Kaligiri Mandal, SPSR Nellore District and she is in possession of the subject property, which is classified as „Grama Nattam. The petitioner has constructed residential house in the said extent of land and bathroom next to his house. 3. While the mater stood thus, Respondent No. 5 to 9 being inimical towards construction of the house of the petitioner and out NV,J WP_26998_2025 2 of jealously, started objecting the construction of the petitioner without any legal right or authority, claiming that that the bathroom was being constructed on the road margin. Under the influence of Respondent Nos.5 to 9, Respondent No.4 issued notice under Sections 14 r/w 96 & 97 of the Andhra Pradesh Gram Panchayat Act, 1994, dated 20.09.2025, alleging that the petitioner has encroached upon the gram panchayat road and raised illegal constructions, directing the petitioner to remove the illegal constructions made within period after receipt of the notice. The notice further mandated the petitioner to submit the ownership certificates of her possession regarding the said road site to the gram panchayat office, with a threatened action to take appropriate action in accordance with the provisions of the Act, 1994. Therefore, the petitioner challenged the action of the 4th respondent, for a direction not to demolish the rest room and not to dispossess the petitioner from the subject property. 4. Sri Satish Kumar Eerla, learned counsel for the petitioners reiterated the contentions while contending that, the impugned notice issued to the petitioner is like an order rather than show cause notice, directing the petitioner to remove the constructions. It is contended that the respondent/authorities cannot take law into NV,J WP_26998_2025 3 their lands and without following due process of law, the petitioner cannot be evicted even assuming that her possession is unauthorized and illegal and requested to issue a direction as claimed by the petitioner. 5. Learned Standing Counsel for the Gram Panchayat supported the notice in all respects. He submits that, since the gram panchayat has found that the constructions raised by the petitioner falls within the limits of Pedakondur Gram Panchayat, the Gram Panchayat has every right to remove the said structure as per Sections 96 & 97 of the Act, 1994, as such, the gram panchayat issued notice to the petitioner to submit ownership certificate regarding the encroached road site. It is further contended that if there is any encroachment in the gram panchayat land, they are entitled to take appropriate action and requested to pass appropriate orders. 6. The major contention before this Court is that, the petitioner is in possession and enjoyment of the property mentioned above, which is classified as „Gramanattam poramboke. The petitioner raised constructions and paying house tax to the concerned authorities. A notice dated 20.09.2025 was issued to the petitioner under Sections 96 & 97 of the Act, 1994, informing about NV,J WP_26998_2025 4 construction of illegal structure by the petitioner on the Pedakadu village road within the limits of Pedakondur Gram Panchayat, wherein the petitioner was also directed to produce the ownership certificates regarding the said road site to the gram panchayat office. 7. The notice issued by the 4th respondent is two-fold. On the one hand the notice informs the petitioner about the illegal structures raised on the Pedakadu Village road within the limits of Pedakonduru Gram Panchayat and on the other hand, the 4th respondent is directing the petitioner to remove the illegal structures within seven days of the receipt of notice or to submit the ownership certificates in the possession of the petitioner. The impugned notice issued to the petitioner is like a final order rather than show cause notice. A show cause notice only ought to have the allegations which are there and without subject to a thorough enquiry in accordance with the provisions of law, the respondent authorities could not have jumped into the conclusion to issue such notice. It appears that the notice has been issued with a predetermined mind and the authorities concerned have already made up their mind so as to take action on the petitioner. NV,J WP_26998_2025 5 8. Even assuming for a moment that the possession of the petitioner is unauthorized, there is a specific procedure under Andhra Pradesh Panchayat Raj Act, 1994, to recover possession of land from such unauthorized occupations. Consequently, the notice dated 20.09.2025 is liable to be set-aside. 9. Therefore, the notice dated 20.09.2025 is set-aside, remanding the matter back to the 4th respondent with a direction to issue a fresh notice without pre-deciding any issue and give adequate opportunity of hearing to the petitioner to submit her reply and thereafter, issue fresh notice in accordance with law. Till issuing fresh notice, the respondents are directed not to interfere with the possession and enjoyment of the house of the petitioner referred supra. 10. With the above direction, writ petition is disposed of. No costs. 11. Consequently, miscellaneous petitions pending, if any, shall also stand closed. NV,J WP_26998_2025 6 12. Learned Standing Counsel for Gram Panchayat is specifically inform the order passed by this Court to the respondents, more particularly, Respondent No.4. ____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 25.09.2025 SP NV,J WP_26998_2025 7 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.26998 OF 2025 Date: 25.09.2025 SP