APHC010172552023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9149/2023 Between: 1. DASARI NAGESWARAMMA, W/O. LATE VISHUNU MURTHY,OCC. HOUSEWIFE, R/O. BONDADAPETA VILLAGE, KALLA MANDAL, BHIMAVARAM DISTRICT (PREVIOUSLY WEST GODAVARI DISTRICT) 2. MR. DASARI VENKATA KRISHNA, S/O. LATE VISHUNU MURTHY, OCC- AGRICULTURE, R/O. BONDADAPETA VILLAGE, KALLA MANDAL, BHIMAVARAM DISTRICT (PREVIOUSLY WEST GODAVARI DISTRICT) ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE BONDADAPETA GRAMPANCHAYAT, REP. BY ITS SARPANCH, BONDADAPETA VILLAGE, KALLA MANDAL, PREVIOUSLY WEST GODAVARI DISTRICT, PRESENTLY BHIMAVARAM DISTRICT 3. THE SECRETARY, BONDADAPETA GRAMAPANCHAYAT, BONDADAPETA VILLAGE, KALLA MANDAL, PREVIOUSLY WEST GODAVARI DISTRICT, PRESENTLY BHIMAVARAM 2 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 to issue a Writ, Order or Direction more particularly one in the nature of 'Writ of Mandamus' declaring the impugned Notice in Ref.No.08/23 dated 03-03-2023 and the consequential Order under Ref.No.9/2023 dated 10-03-2023 issued by the Secretary of the Bondadapeta Grampanchayat, the 3rd respondent herein, as illegal, arbitrary, without jurisdiction, violative of Articles 14 and 300-A of the Constitution of India, apart from being violative of principles of natural justice, and the same are liable to be set aside, and to pass IA NO: 1 OF 2023 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 direct the respondent No.3 herein not to demolish the residential house constructed by the petitioners in the house site of an extent of Ac.0-01 (0-015 cents) cents in Sy.No.12/9 situated at Bondadapeta Village, Kalla Mandal, previously West Godavari District, presently Bhimavaram District, pursuant impugned Notice in Ref.No.08/23 dated 03-03-2023 and the consequential Order under Ref.No.9/2023 dated 10-03-2023 issued by the Secretary of the Bondadapeta Grampanchayat, the 3rd respondent herein, pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. T LAKSHMI NARAYANA 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: 3 ORDER: Questioning the impugned notice dated 03.03.2023 and the consequential order dated 10.03.2023 issued by the 3rd respondent- Secretary of Bondadapeta Gram Panchayat, the present writ petition is filed. 2. Heard Sri T.Lakshmi Narayana, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the official respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that, the Tahsildar, Kalla Mandal, issued house site patta to an extent of Ac.0.01 ½ cents in Sy.No.12/9 situated at Bondadapeta Village, Kalla Mandal, Bhimavaram (previously West Godavari) District, in favour of the 1st petitioner in the year 2022. Thereafter, when the petitioner approached the Gram Panchayat, a resolution No.58 has been passed granting permission for construction of house in the subject house site on 08.12.2022. Accordingly, the petitioners have proceeded with construction of residential house. While so, the 3rd respondent issued the impugned notice dated 03.03.2023 to the 2nd petitioner to conduct enquiry regarding occupation and construction of house by the 1st petitioner in the subject property. Thereafter, without conducting any enquiry or opportunity of hearing, the 4 consequential impugned order dated 10.03.2023 was issued asking the petitioner to remove the encroachments by giving 7 days time. He further contended that the impugned notices are ex facie illegal and contrary to principles of natural justice and if the same are allowed to subsist, the authorities will take steps against the construction of the petitioners as per the mandate given in the said notices, as such, they are liable to be set aside, accordingly, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Standing Counsel for Gram Panchayat on counter contended that the subject land is a Panchayat open site in a Government Layout and the petitioners cannot claim any right over the same under the guise of the alleged patta or make any constructions. Further, the petitioner cannot rely on the resolution and proceed with the construction. Further, the show cause notice dated 03.03.2023 has been issued to the 2nd petitioner to attend the enquiry to provide the requisite documents to show their title over the subject property which was to be conducted on 07.03.2023. However, as the petitioners failed to provide any documents showing their title, orders dated 10.03.2023 have been issued directing them to stop further construction and remove the illegal constructions within 7 days. There is neither illegality nor procedural irregularity in the order passed by the respondent. In these circumstances, the authority has rightly passed the impugned orders 5 dated 10.03.2023. The writ petition is devoid of merits and liable to be dismissed and prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by both the learned counsel. 6. Petitioner is claiming the subject land purported to have been given by the Tahsildar (Revenue Authority) by way of patta in the year 2022. The Gram Panchayat passed a resolution No.58 dated 08.12.2022 according permission to the petitioner to make a construction. Except the said two documents, no other documents were placed on record evidencing the Gram Panchayat has granted building permission for construction. A perusal of the resolution dated 08.12.2022 would indicate that a note has been put up by the Panchayat Secretary bringing to the notice of the Gram Panchayat saying that the subject land is an open site and no permission can be granted for construction. Rejecting the said note put up by the Secretary, the Gram Panchayat has passed a resolution. A perusal of the notice dated 03.03.2023 would go to show that the Secretary has asked the petitioner to submit documents relating to the construction if any in his favour, however, the petitioner failed to do the same. Thereafter, the proceedings/notice dated 10.03.2023 have been issued which goes to show that the Panchayat Secretary has given a direction to the petitioner to remove encroachments and stop further construction by fixing 7 days time. As stated supra, no building 6 permission has been placed before this Court. Even otherwise, the order dated 10.03.2023 is not a speaking order and no proper reasons were given. Whether the Secretary has verified about the issuance of patta in favour of the petitioner or not was also not dealt with. In the said circumstances, the order dated 10.03.2023 vide R.No.9/2023 is ex facie illegal and liable to be set aside. As such, this Court is inclined to dispose of the writ petition by passing the following order: i. The proceedings/notice dated 10.03.2023 vide R.No.9/2023 is hereby set aside. ii. The petitioners shall submit their explanation along with supporting documents to the notice dated 03.03.2023 within a period of two (02) weeks from the date of receipt of a copy of this order. iii. On such explanation, the Secretary shall pass a reasoned order by enquiring into the same and by providing an opportunity of being heard to the petitioners and communicate the same to them. iv. The said exercise shall be completed within a period of three (03) months thereafter. v. Till such time, no coercive steps shall be taken against the petitioners. 7 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 01st December, 2025 RKS