APHC010077322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3841/2023 Between: Puchakayala Venkataratnam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G.V.ANAND KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following order: The short grievance of the petitioner is that the respondent authorities are making construction in the private land admeasuring Ac.0.05 cents in Sy.No.361/1 situated in Pedaguruvu village, Bhimavaram Mandal, West Godavari District without following the procedure contemplated by law. 2. Heard Sri G.V.Anand Kumar, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing counsel for the Gram Panchayat. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, the subject property was devolved upon the petitioner through registered settlement deed bearing No:5493/2018 and has been in peaceful possession and enjoyment of the same without any interruption. He further submitted that, highhandedly the respondent authorities have allocated the land belonging to the petitioner to the 5th respondent, orally, without issuing any proceedings. Upon the oral directions of the respondent authorities, the 5th respondent has started construction of building for cooperative society without having any title and right over the property belonging to the petitioner. If the said action of the authorities is allowed to materialize, the petitioner’s right will be affected and would be put to suffer great loss and hardship. Accordingly prayed to pass appropriate orders in that regard. 4. On the other hand, Sri Y.Koteswara Rao, learned Standing counsel for the Gram Panchayat on the written instructions submitted that the authorities did not pass any resolution by allotting land to the society and the petitioner has no right over the subject land as it is classified as Gramakantam. He further submitted that as the petitioner encroached the said land, the authorities will follow due process of law. As such, prayed to pass appropriate orders in that regard. 5. Perused the record and considered the submissions of both the learned counsel. 6. The stand taken by the Gram Panchayat is that the subject land is classified as Gramakantam and the petitioner has encroached the same without having any right and the authorities have an intention to take steps in accordance with law. 7. It is well settled that even an encroacher is entitled for a reasonable notice. In the present case, the respondent authorities have admitted that the petitioner is the encroacher and they would follow due process of law. In view of the same, this Court is inclined to dispose of the writ petition with the following directions: “The respondent authorities are directed not to interfere with the subject property except under due process of law.” Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS