IN THE HIGH COURT OF ANDHRa prADESH :: AMARAVATj^f*' (Special OriginalTurisdicfion) THURSDAY ,THE FIRst DAY OF MAY TWO THOUSAND AND TWENTY FIVE present ■n >W ■A THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nn- 11434 OF 2025 Between: 1. Shaik Adam Bl, W/o. Mahaboob Subani, aged about 78 years, D.No. 1- 93-1, Chinalingaya palem, Vallur, Guntur District, Andhra Pradesh. 2. Khagha Srinivasarao, . Khagha venkayya, aged about 60 years, Chinalingaya palem, Vallur, Guntur District, Andhra Pradesh. 3. Mudraboyina Sivamma, . w/o. Tirupathi Venkataiah, aged about 64 years, 2-4, Chinalingaya palem, Vallur, Guntur District, Andhra Pradesh. 4. Mudraboina Sambaiah, S/o. Ramudasu, aged about 76 years, D.no. 3- 29, Chinalingaya palem, Vallur, Guntur District, Andhra Pradesh. 5. Kodavaganti Polamma, W/o. Abraham, aged about 76, Chinalingaya palem, Vallur, Guntur District, Andhra Pradesh ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Department of Panchayati Raj, Secretariat, Velagapudi, Amaravathi. 2. The Joint Collector, Panchayati Raj Department, Guntur District, Andhra Pradesh. 3. The Revenue Divisional Officer (RDO), Guntur District, Andhra Pradesh. The Thasildar, Kakumanu Mandal, Guntur District, Andhra Pradesh. The Panchayat Secretary, Chinalingayapalem ' Guntur District, Andhra Pradesh, df 6. The Sarpanch Chinalingayapalem, Kakumanu Mandal, Guntur District, Andhra Pradesh Kakumanu Mandal ...RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent no.5 and 6 in issuing notice -1 and notice-2 to the petitioner without any reference number in the notice and without and without following the procedure contemplated under the panchayatraj act is illegal, arbitrary, unconstitutional, violation of principles of natural justice and Consequently set aside the notice -1 and notice-2 issued by the respondent no.5 and 6. lA 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 to stay of all further proceedings till the pending disposal of the above writ petition. Counsel for the Petltioner(s): SRI. VENKATESH KOSARAJU Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI M SUDHIR, SC for ZPPS.MPPS & Gram Panchayat The Court made the following: ORDER APHC010225402025 IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) [3328] Hr THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11434/2025 Between: 1.SHAIK ADAM Bl, W/0. MAHABOOB SUBANI AGED ABOUT 78 YEARS, D.NO. 1-93-1, CHINALINGAYA PALEM, VALLUR, GUNTUR DISTRICT, ANDHRA PRADESH. 2.KHAGHA SRINIVASARAO, KHAGHA VENKAYYA, AGED ABOUT 60 YEARS, CHINALINGAYA PALEM, VALLUR, GUNTUR DISTRICT ANDHRA PRADESH. 3.MUDRABOYINA SIVAMMA, . W/0. TIRUPATHI VENKATAIAH AGED ABOUT 64 YEARS, 2-4, CHINALINGAYA PALEM, VALLUR GUNTUR DISTRICT, ANDHRA PRADESH. 4.MUDRABOINA SAMBAIAH, S/0. RAMUDASU, AGED ABOUT 76 GUNTUR YEARS, D.NO. 3-29, CHINALINGAYA PALEM, VALLUR DISTRICT, ANDHRA PRADESH. 5.KODAVAGANTI POLAMMA, W/0. ABRAHAM, AGED ABOUT 76 ...PETITIONER(S) AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ, SECRETARIAT, DEPARTMENT OF VELAGAPUDI, AMARAVATHI. 2. THE JOINT COLLECTOR, PANCHAYATI GUNTUR DISTRICT, ANDHRA PRADESH. RAJ DEPARTMENT, \ \ 3.THE REVENUE DIVISIONAL OFFICER ANDHRA PRADESH. RDO, GUNTUR DISTRICT, 4.THE THASILDAR, KAKUMANU ANDHRA PRADESH. 5.THE MANDAL, GUNTUR DISTRICT PANCHAYAT SECRETARY, KAKUMANU MANDAL, GUNTUR DISTRICT 6. HE SARPANCH CHINALINGAYAPALEM GUNTUR DISTRICT, ANDHRA PRADESH CHINALINGAYAPALEM, ANDHRA PRADESH. DF KAKUMANU MANDAL, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.VENKATESH KOSARAJU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORAL ORDER- Heard Sri Kosaraju Venkatesh, learned Counsel Sri P.A.K Yadav, learned Counsel for the Writ Petitioners, appearing on behalf of Sri Sudhir Gram Panchayat and Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development. Mattegunta, learned Standing Counsel for 2. Sri P.A.K Yadav, learned Counsel Mattegunta, learned Standing Counsel for the Written Instructions appearing on behalf of Sri Sudhir Gram Panchayat, has submitted furnished by the Panchayat Secretary Chinalingayapalem Gram Panchayat, dated of 01.05.2025. Copy of it is supplied same is taken on record. to the Counsel for the Writ Petitioner and the 3. The relevant portion of the Written hereunder: Instructions is usefully extracted /f/s humbly submitted that this gram panchayat is not n e ering with the property of the petitioner. This gram panchayat prays this Hon'ble ^ Court to allow this respondent to withdraw the notices given to the petitioners. As of now this gram panchayat not pressing the notices which was issued to the petitioners. It is true that petitioner has encroached Government land which is classified as Donka Poramboku. Government wants to create alternate residence to the petitioner in Jagananna Colony which is still under construction. ” 4. The above extract would indicate that the Government is attempting to create alternative place of residence to the Writ Petitioners in the new colony which is now under construction and therefore, the Government does intend to initiate any action against the Writ Petitioners for the time being. In this view of the matter, the Impugned Notices (Ex.P.2) shall stand set aside with liberty to the Respondents to initiate fresh proceedings, if advised. not 5. so 6. Having noted the above extract, this Writ Petition is disposed of with a direction of the Official Respondents to follow the due process of law, if any coercive action is sought to be initiated against the Writ Petitioners in the future. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. SD/-K.RAJA BABU ASSISTANT REGISTRAR f 7. //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Department of Panchayati Raj, Secretariat, Velagapudi, Amaravathi. 2. The Joint Collector, Panchayati Raj Department, Guntur District, Andhra Pradesh. 3. The Revenue Divisional Officer (RDO), Guntur District, Andhra Pradesh. 4. The Thasildar, Kakumanu Mandal, Guntur District, Andhra Pradesh. 5. The Panchayat Secretary, Chinalingayapalem, Kakumanu Mandal, Guntur District, Andhra Pradesh. 6. The Sarpanch Chinalingayapalem, Kakumanu Mandal, Guntur District, Andhra Pradesh 7. One CC to^i. Venkatesh Kosaraju, Advocate [OPUC] Prad2h^[OUT]' Rural Dev .High Court Of Andhra 9. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT], D ^ SC for ZPPS.MPPS, & Gram Panchayats[OPUC]. Three CD Copies 10. 11. \l HIGH COURT DATED:01/05/2025 ORDER WP.No.11434 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS