APHC010358092021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21542/2021 Between: 1. KOLLA VISWANADHAM, S/O. SUBBAIAH, AGED ABOUT 76 YEARS, OCC. AGRICULTURE, R/O. D-NO. 5-60, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. 2. KOLASANI HANUMANTHA RAO,, S/O. RAMADASU, AGED ABOUT 75 YEARS, OCC . AGRICULTURE, R/O D.NO. 5-23, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. 3. KOLASANI SIVA SANKARA PRASAD,, S/O. CHINNA SUBBAIAH, OCC. AGRICULTURE, AGED ABOUT 60 YEARS, R/O D.NO. 5-19, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. 4. KOLASANI SIVA RAMA PRASAD,, S/O. VENKATESWARLU, OCC. AGRICULTURE, AGED ABOUT 48 YEARS, R/O. D.NO.2-19/B, RAMALAYAM STREET, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. 5. KOLLA SUBHADRA, , W/O. TIRUPATHAIAH, AGED ABOUT 51 YEARS, OCC. HOUSEWIFE, R/O D.NO.2-62, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, 2 GUNTUR DISTRICT. 6. KOLASANI MALLESWARA PRASAD,, S/O. SAMBASIVA RAO, AGED ABOUT 44 YEARS, OCC. AGRICULTURE, R/O. D.NO. 5-30, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. 7. KOLASANI NAGA VARDHANI, , W/O. NARAYANA, AGED ABOUT 80 YEARS, OCC. HOUSEWIFE, R/O D.NO. 2-53, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. 8. KOLASANI SURESH BABU,, S/O. ANANTHAIAH, AGED ABOUT 43 YEARS, OCC. AGRICULTURE, R/O D.NO. 3- 96/1, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. 9. KOLASANI SAMPURNA SWARAJYA LAKSHMI,, W/O. MURAHARI RAO, AGED ABOUT 65 YEARS, OCC. HOUSEWIFE, R/O D.NO. 5-54, ANNAPARRU VILLAGE, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT AT GUNTUR. 3. THE REVENUE DIVISIONAL OFFICER, GUNTUR, GUNTUR DISTRICT. 4. THE TAHSILDAR, PEDANANDIPADU MANDAL, GUNTUR 3 DISTRICT. 5. THE ANNAPARRU GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PEDANANDIPADU MANDAL, GUNTUR DISTRICT. ...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 toto issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.5 in issuing the notice in even number R.O.C.01/2021, Encroachments dated 17.09.2021, to the petitioner Nos. 1 to 7 and trying to evict the petitioner Nos. 8 and 9, without issuing any notice, in respect of the houses and house sites of the petitioner Nos.1 to 7, situated Gramakantam in an extent of Ac.0.07 1/2 cents, Ac.0.03 1/2 cents, Ac.0.04 1/2 cents, Ac.0.03 1/2 cents, Ac.0.02 cents, Ac.0.05 1/2 cents, Ac.0.04 cents, Ac.0.04 cents and Ac.0.02 1/2 cents in Survey No.288/1 of Annaparru Village, Pedanandipadu Mandal, Guntur District, as contrary to Board Standing Orders, Judgments passed by this Hon'ble Court, is illegal, arbitrary and violation of Article 14 and 300-A of the Constitution of India and consequently set aside the notices issued to the Petitioner Nos.1 to 7 in even number in R.O.C.01/2021, Encroachments dated 17.09.2021 issued by the Respondent No.5 and direct the Respondents not to interfere with the possession of the Petitionersof their respective sites in Survey No.288/1 of Annaparru Village, Pedanandipadu Mandal, Guntur District and pass IA NO: 1 OF 2021 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 pleasedto direct the Respondents not to take any coercise action against the Petitionersin respect of their houses and house sites in an extent 4 of Ac.0.07 1/2 cents, Ac.0.03 1/2 cents, Ac.0.04 1/2 cents, Ac.0.03 1/2 cents, Ac.0.02 cents, Ac.0.05 1/2 cents, Ac.0.04 cents, Ac.0.04 cents and Ac.0.02 1/2 cents in Survey No.288/1 of Annaparru Village, Pedanandipadu Mandal, Guntur District pending disposal of the above writ petition and pass 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 may be pleased to grant leave to the Petitioner/ respondent No.5 to file the counter affidavit and pas Counsel for the Petitioner(S): 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order: Impugning the notice issued by the 5th respondent vide R.O.C.No.01/2021, dated 17.09.2021, the present writ petition is filed. 2. Heard Ms. Mounika, learned counsel representing Sri Srinivasa Rao Bodduluri, learned counsel for the petitioners, Sri M. Sudheer, learned Standing Counsel for the Gram 5 Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioners, while reiterating the contents of the affidavit, submitted that the impugned notice has been issued in gross violation of principles of natural justice. Though it is styled as a notice, virtually a direction was given to the petitioner to remove the alleged encroachments within seven days, failing which the authorities themselves propose to remove the same. She further submitted that no prior show cause notice, as mandated under law, was issued to the petitioners calling for any explanation. In fact, the subject land is a Grama kantam land, over which the Gram Panchayat has no authority or jurisdiction to evict the petitioners. As such, issuance of such a notice without affording an opportunity of being heard to the petitioners is bad in law, and this Court, considering the facts and circumstances of the case, granted an interim order in I.A.No.1 of 2021, dated 24.09.2021, protecting the interest of the petitioners. As such, prayed to allow the writ petition. 4. On the other hand, the learned Standing Counsel, on the counter affidavit, contended that the petitioners have occupied 6 the subject land and they are encroachers. He further submitted that a survey was conducted and certain encroachments were identified. Basing on the same, the impugned notice was issued to the petitioners. Without submitting any explanation to the said notice, the petitioners have filed the present writ petition. As such, the writ petition is devoid of merits and deserves dismissal. 5. Perused the record and considered the submissions made by the respective parties. 6. The impugned notice has been questioned mainly on the ground that there is a clear violation of the principles of natural justice on the part of the respondents. A bare reading of the impugned notice clearly indicates that the same was issued in flagrant violation of the principles of natural justice, inasmuch as no prior show-cause notice was issued inviting explanation from the petitioners. Even otherwise, by virtue of G.O.Ms.No.188, dated 21.07.2011, under Rule 4, an opportunity of being heard is required to be given. However, in the present case, the authorities have not followed the said procedure and the counter affidavit is silent on this aspect. Insofar as jurisdiction, the amendment to Section 58 mentions as to what extent the Grama 7 Kantam lands would be vested with Panchayat. In view of the same, the petitioner cannot contend that the Gram Panchayat has no jurisdiction. 7. As the impugned notice has been issued in clear violation of the principles of natural justice, this Court, to meet the ends of justice is inclined to set aside the impugned notice and accordingly the impugned notice dated 17.09.2021, issued by the 5th respondent, is hereby set aside. However, the respondent authorities are not precluded to take steps in accordance with law. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 22.12.2025 ANS 8 273 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21542/2021 Date: 22.12.2025 ANS