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2025 DAILYLAW 55176 (AP)

JAMI SOWJANYA v. The State of Andhrapradesh

WP/32635/2025 · 2025-11-21

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010632662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 32635/2025 Between: 1. JAMI SOWJANYA, W/O JAMI ANIL KUMAR AGED 32 YEARS, R/O D.NO 12-146,MAIN ROAD TEKKALI VILLAGE AND PANCHAYAT SRIKAKULAM DISTRICT. 2. TANGUDU TARANGINI, W/O KRISHNARAO AGED 43 YEARS, D.NO. 16-415, MAIN ROAD TEKKALI VILLAGE AND PANCHAYAT SRIKAKULAM DISTRICT. 3. DOKI SURESH, S/O KAMAYYA ,AGED 40 YEARS. ROTARY NAGAR 2,TEKKALI, SRIKKULAM DISTRICT 4. MADDI JYOTHY,, W/O VENKATA SURYA RAO AGED 40 YEARS. ROTARY NAGAR 2,TEKKALI SRIKAKULAM 5. JAMI SATYANARAYANA, S/O GANAPATHI RAO AGED 55 YEARS ROTARY NAGAR-2,TEKKALI SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRAPRADESH, REP.BY ITS PRINCIPAL SECRETARY PANCHAYATRAJ DEPARTMENT,VELAGAPUDI,AMARAVATHI. 2. THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM 3. THE DISTRICT COLLECTOR, ,SRIKAKULAM DISTRICT 4. THE TAHASILDHAR, TEKKALI MANDALAM.TEKKALI. 5. THE GRAMA PANCHAYAT, REP.BY ITS EXECUTIVE OFFICER .TEKKALI GRAMA PANCHAYAT,TEKKALI. ...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 tomay be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the Action of the Respondents No.3 to 5 are trying to interefere /Eviction the petitioners Shops RCC daba houses situated at Rotary nagar 2 ,Tekkali village and panchayat ,Srikakulam District in pursuance of impugned Notice ROC .91/2025/A/,Dated 12.11.2025 issued by the 5 th Respondent, is highly illegal, arbitrary and violation of Art. 14, 21 and 300 (A) of Constitution of India and also violation of 2 Principles of Natural Justice and consequently set aside the impugned Eviction Notice ROC.91/2025/A/,dated 12.11.2025 issued by the 5th Respondent and pass such 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 suspend the impugned Eviction/closure Notice ROC.91/2025/A/,dated 12.11.2025 issued by the 5th Respondent and pass such other order/s this Hon'ble Court may deem fit and proper in the circumstances of the case pending disposal of the above writ petition and pass such Counsel for the Petitioner(S): 1. M. SAPTHAGIRI Counsel for the Respondent(S): 1. M. SAPTHAGIRI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32635 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the Action of the Respondents No.3 to 5 are trying to interfere/Eviction the petitioners Shops RCC daba houses situated at Rotary nagar 2, Tekkali village and panchayat, Srikakulam District in pursuance of impugned Notice ROC.91/2025/A/, Dated 12.11.2025 issued by the 5th Respondent, is highly illegal, arbitrary and violation of Art.14, 21 and 300 (A) of Constitution of India and also violation of Principles of Natural Justice and consequently set aside the impugned Eviction Notice ROC.91/2025/A/, dated 12.11.2025 issued by the 5th Respondent and pass such other orders…” 2. The Panchayat Secretary issued notices dated 05.03.2024 and 06.11.2025, to the petitioners directing them to offer explanation along with relevant documents. As the petitioners have failed to submit explanation, present impugned notice dated 12.11.2025 is issued. 3. Heard Sri Sapthagiri Metta, learned counsel for petitioner and learned Government Pleader for respondents. 4. Learned counsel for petitioner submits that it would suffice to permit the petitioners to offer explanation to the notices dated 05.03.2024 and 06.11.2025 and the respondents may be directed to consider the same. 4 5. Learned counsel for respondents does not refute the said submission. 6. In view of the above submissions, without going into merits of the case, the present Writ Petition is disposed of, permitting the petitioners to offer explanation to the notices dated 05.03.2024 and 06.11.2025 within a period of one week from the date of receipt of a copy of this order. On submitting such explanation, respondent No.5 is directed to examine the same and pass appropriate orders, in accordance with law, and communicate the said decision to the petitioners. Till such time, respondent No.5 is directed not to take any coercive steps against subject property. If the petitioners unable to submit explanation within the specified period, the respondents shall proceed in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 22.11.2025 Note: Issue C.C.by 24.11.2025 B/o. KBN 5 10 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.32635 of 2025 Date: 22.11.2025 Note: Issue C.C.by 24.11.2025 B/o. KBN