::1:: APHC010506102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25917/2025 Between: 1. CHALLA DURGA, W/O CHALLA SRINIVAS, AGED ABOUT 39 YEARS, HAWKER, R/O D.NO.3-145, SUBBARAJU CHERUVU GATTU, MOGALLU, PALACODERU MANDAL, WEST GODAVARI DISTRICT. 2. 2. TOTA KUMARI,, W/O TOTA PEDDIRAJU, AGED ABOUT 38 YEARS. HAWKER, R/O D.NO.3-210, SUBBARAJU CHERUVU GATTU, MOGALLU, PALACODERU MANDAL, WEST GODAVARI DISTRICT. 3. 3. PASUPULETI JYOTHI,, W/O RAMESH, AGED ABOUT 24 YEARS. HOUSEWIFE, R/O D.NO.3-142, SUBBARAJU CHERUVU GATTU, MOGALLU, PALACODERU MANDAL, WEST GODAVARI DISTRICT. 4. 4. EDEPALLI THALLI,, W/O PEDDIRAJU, AGED ABOUT 64 YEARS. HOUSEWIFE, R/O D.NO.3-141, SUBBARAJU CHERUVU GATTU, MOGALLU, PALACODERU MANDAL, WEST GODAVARI DISTRICT. 5. PASUPULETI DURGA,, W/O NAGARAJU, AGED ABOUT 40 YEARS. HAWKER, R/O D.NO.3-140, SUBBARAJU ::2:: CHERUVU GATTU, MOGALLU, PALACODERU MANDAL, WEST GODAVARI DISTRICT. 6. 6. CHEBOLU MEENAKSHI,, W/O VENKATESWARA RAO, AGED ABOUT 30 YEARS. HAWKER, R/O D.NO.6-142, SUBBARAJU CHERUVU GATTU, MOGALLU, PALACODERU MANDAL, WEST GODAVARI DISTRICT. 7. 7. TOTA NAGALAKSHMI,, W/O RAMESH, AGED ABOUT 38 YEARS. HAWKER, R/O D.NO.3-135, SUBBARAJU CHERUVU GATTU, MOGALLU PALACODERU MANDAL, WEST GODAVARI DISTRICT. 8. 8. NIMMALA VIJAYALAKSHMI,, W/O GANGARAJU, AGED ABOUT 37 YEARS. HAWKER, R/O D.NO.3-134, SUBBARAJU CHERUVU GATTU, MOGALLU, PALACODERU MANDAL, WEST GODAVARI DISTRICT. 9. 9. AKULA DHANMMA, W/O SATYANARAYANA, AGED ABOUT 53 YEARS. HAWKER, R/O D.NO.3-204, SUBBARAJU CHERUVU GATTU, MOGALLU, PALACODERU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH. 2. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM ANDHRA PRADESH. 3.H. 3. THE TAHSILDHAR, PALACODERU MANDAL, WEST ::3:: GODAVARI DISTRICT, ANDHRA PRADESH. 4 4. THE GRAM PANCHAYAT MOGALLU, .REPRESENTED BY ITS SECRETARY, MOGALLU VILLAGE, PALACODERU MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADES ...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 Writ, Order Or Direction more particularly one in the nature of Writ of Mandamus Declaring the action of the 3rd respondent in passing the speaking order dated NIL 2025, Roc.No. 2025 issued under the Andhra Pradesh Land Encroachment Act, 1905, is without jurisdiction, without power to pass final eviction orders, without conducting enquiry, without giving the petitioner adequate opportunity, without any rehabilitation plan, without passing individualized, well reasoned speaking orders on petitioners earlier explanations as illegal, arbitrary, and void for being contrary to the binding judicial directions in W.P. No. 14247/2025 and W.P. No. 22636/2025 unconstitutional, violation of principles of Natural Justice apart from violation of Art 14, 19, 300-A of Constitution of India, and clear violation of Section 98 of the AP Panchayat Raj Act, the applicable rules, and G.O.Ms.No.188 and set-aside the same Consequently to Direct the respondents not to proceed with any coercive or demolition action against the petitioners until such lawful, reasoned orders are passed and duly communicated, and ::4:: further order rehabilitation or alternative accommodation as per law and constitutional mandate after following the procedure prescribed under Section 98 of the AP Panchayat Raj Act, the applicable rules, and G.O.Ms.No.188 and to pass Counsel for the Petitioner(S): 1. JAMI MADHAVI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV ::5:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.25917 of 2025 This Court made the following ORDER: Heard learned counsel for the petitioners, learned Government Pleader for Panchayat Raj for Respondent No.1, learned Government Pleader for Revenue for Respondent Nos.2 and 3 and learned Standing Counsel for Gram Panchayat for respondent No.4 and perused the material placed on record. 2. Learned counsel for the petitioners submits that the petitioners herein are the residents of 4th Respondent – Gram Panchayat and they got constructed houses and living at their respective houses since 70 years. While so, on 30.05.2025 Respondent No.4 – Gram Panchayat issued notices alleging that the petitioners have encroached the Tank Poramboke of Subbaraju Drinking Water Tank and claiming health hazards to the public without conducting any proper enquiry, personal ::6:: notice, or fair hearing. As such, the said notices were assailed by the petitioners in W.P.No.14247 of 2025 resulting in a categorical direction that the eviction notices be treated as show-cause notices, and that the petitioners were to be afforded an opportunity to submit explanation/objections to be duly considered by the 4th respondent herein, with “speaking orders” passed thereon in accordance with law. Accordingly, as directed by this Hon’ble Court, the petitioners submitted their respective explanations/objections dated 09.07.2025 substantiating their longstanding possession. But the respondent authorities failed to pass any speaking order on the petitioners’ explanations/objections and instead, issued a fresh eviction notices dated 12.08.2025 directing the petitioner to vacate their respective houses within fifteen days. Aggrieved the same, the petitioners filed a W.P.No.22636/2025 and this Hon’ble passed orders as below: “Accordingly, the writ petition is allowed setting aside the notices dated 12.08.2025 issued by the 3rd respondent. However, it is needless to observe that the 3rd respondent is at liberty to proceed further as per the directions of this Hon’ble Court in W.P.No.14247/2025 and also in W.P.No.3428 0f 2022 as mentioned in the impugned notice by observing the principles of natural justice and observing Section 98 of A.P. Panchayat Raj Act, 1994 and the Rules made thereunder, and in terms of G.O.Ms.No.188, ::7:: Panchayat Raj and Rural Development (PTO.IV) Department, dated 21.07.2011 as early as possible.” 3. Learned counsel for the petitioners further submits that to the utter surprise of the petitioners, in violation of orders of this Hon’ble Court as extracted above, the 4th Respondent herein erroneously and in contradiction to the orders of this Hon’ble Court, without any authority and without any proper enquiry the 4th Respondent - the Secretary, Gram Panchayat, Mogallu passed speaking order under A.P. Land Encroachment Act, 1905 directing the petitioners herein to vacate their respective houses within fifteen days. Hence the Writ Petition. 4. On the other hand, learned Standing Counsel for 4th Respondent submits that in view of orders of this Court dated 22.08.2025, the 4th Respondent shall consider the explanation of the petitioners and pass speaking orders to initiate any further steps, particularly for eviction of the petitioners. Therefore, he further submits that let there be a direction to the Gram Panchayat to consider the explanation and pass appropriate orders in accordance with law. ::8:: 5. Heard the submissions of learned counsel for the petitioners, learned Standing Counsel for the Respondent No.4 and learned Government Pleader for Respondent No.1 and perused material placed on record. In fact this Hon’ble Court on 12.06.2025 while disposing of the W.P.No.14247/2025 specifically directed the 4th respondent herein treating the eviction notice dated 30.05.2025 as show cause notice and directed the petitioners to submit their respective explanation/objections and after receipt of the said explanations/objections, the 4th respondent specifically directed to pass speaking orders in accordance with law before proceeding to further action. In deviation of the said directions of this Court, even after receipt of the explanation/objections submitted by the petitioners, without considering the same and without determining the rights of the petitioners and passing speaking orders dated NIL-2025 directing the petitioners to vacate the premises upon receipt of said impugned speaking order and further informed that failure to comply with the said orders would result in eviction proceedings as per the law is certainly an action of arbitrary, illegal and also in deviation and disobedience on part of the orders of this Court. It is settled ::9:: proposition of law that if any authority suffered an order by this Court, the authority shall follow the terms of the order without there being any deviation. But in the instant case, the 4th respondent, being a public authority has issued impugned notice in violation and deviation of this Court’s order, which amounts is a clear act of disobedience. In view of the same, the impugned notices dated NIL-2025 lacks any merit and hence the impugned notices are liable to be set aside. 6. Accordingly, the writ petition is allowed by setting aside the impugned order dated NIL-2025 issued by the 4th respondent. However, it is needless to observe that the 4th respondent is at liberty to proceed further as per the directions of this Hon’ble Court in W.P.No.14247/2025 and also in W.P.No.3428 0f 2022 as mentioned in the impugned order by observing the principles of natural justice and observing due process as laid down in Section 98 of A.P. Panchayat Raj Act, 1994 and the Rules made thereunder, and in terms of G.O.Ms.No.188, Panchayat Raj and Rural Development (PTO.IV) Department, dated 21.07.2011 as early as possible. ::10:: 7. In the meanwhile, the respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioners’ property. 8. Learned Standing Counsel is directed to inform the orders of this Court to the respondents herein. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 19.09.2025 krk ::11:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.25917 of 2025 DT: 19.09.2025 krk 602