APHC010251612023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13377/2023 Between: 1. THAMMINA SEETHA MAHALAKSHMI, W/O. LATE RAMU, AGED . 62 YEARS, OCC. HOUSEHOLD, R/O. D.NO. 6 VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 1. STATE OF ANDHRA PRADESH, REP. BY SECRETARY TO GOVERNMENT, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, (PANCHAYAT WING), ELURU DISTRICT AT ELURU. (FORMERLY WEST GODAVARI DISTRICT). 3. DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU. (FORMERLY WEST GODAVARI DISTRICT). 4. MANDAL PARISHAD DEVELOPMENT OFFICER, JEELUGUMILLI MANDAL, ELURU DISTRICT, (FORMERLY. WEST GODAVARI DISTRICT). 5. DARBAGUDEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY-CUM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13377/2023 THAMMINA SEETHA MAHALAKSHMI, W/O. LATE RAMU, AGED . 62 YEARS, OCC. HOUSEHOLD, R/O. D.NO. 6-49, DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. DISTRICT COLLECTOR, (PANCHAYAT WING), ELURU DISTRICT AT ELURU. (FORMERLY WEST GODAVARI DISTRICT). PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU. (FORMERLY WEST GODAVARI DISTRICT). MANDAL PARISHAD DEVELOPMENT OFFICER, JEELUGUMILLI MANDAL, ELURU DISTRICT, (FORMERLY. WEST GODAVARI DARBAGUDEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT CUM-EXECUTIVE AUTHORITY, DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). RC,J W.P.No.13377 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI THAMMINA SEETHA MAHALAKSHMI, W/O. LATE RAMU, AGED . 62 49, DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT (FORMERLY ...PETITIONER ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, DISTRICT COLLECTOR, (PANCHAYAT WING), ELURU DISTRICT AT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU. MANDAL PARISHAD DEVELOPMENT OFFICER, JEELUGUMILLI MANDAL, ELURU DISTRICT, (FORMERLY. WEST GODAVARI DARBAGUDEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT EXECUTIVE AUTHORITY, DARBAGUDEM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT (FORMERLY RC,J W.P.No.13377 of 2023 2 ...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 order in the form of Notice in ROC.No.10/DBG/2023, dated 28.04.2023 and its preceding Notice in R.C.No.9/DBG/2022-23, dated 25.04.2023 issued by 5th respondent and consequential action in deciding to demolish my house property bearing Door No. 6-49 with Assessment No. 549, situated in Darbagudem Village of Jeelugumilli Mandal in Eluru District (formerly West Godavari District), without considering my explanations dated 26.04.2023 and 29.04.2023 and without giving me opportunity of hearing, as illegal, irregular, irrational,violativeofprinciples of natural itiice, without any authority or sanction of law, violative of provisions of Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under and offends Articles 14, 21 and 300 (A) of Constitution of India and consequently direct the respondents particularly 5' respondent not to interfere in any manner with my peaceful possession and enjoyment over my aforesaid house property nor demolish any portion thereof and 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 suspend the operation of order in the form of Notice in ROC.No.10/DBG/2023, dated 28.04.2023 and its preceding Notice in R.C.No.9/DBG/2022-23, dated 25.04.2023 issued by 5th respondent and consequently direct the respondents not to interfere in any marzer with petitioner’s peaceful possession and enjoyment of her house property bearing Door No. 6-49 with Assessment No. 549, situated in Darbagudem Village of Jeelugumilli Mandal in Eluru District (formerly West Godavari District) nor demolish any portion thereof, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV RC,J W.P.No.13377 of 2023 3 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: RC,J W.P.No.13377 of 2023 4 ORDER This writ petition is filed questioning the order vide RoC.No.10/DBG/2023, dated 28.04.2023 and its preceding notice in R.C.No.9/DBG/2022-23, dated 25.04.2023 issued by respondent no.5 and consequential action in deciding to demolish the house property of the petitioner bearing Door No.6-49 with Assessment No.549, situated in Darbagudem village of Jeelugumilli Mandal in Eluru District, without considering her explanation dated 26.04.2023 and 29.04.2023 and without giving her opportunity of being head. 2. Heard M/s. Nimmagadda Revathi, learned counsel for the petitioner and Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat. 3. In the counter affidavit filed by respondent no.5-Panchayat Secretary, it has been stated that the Panchayat will consider the explanation offered by the petitioner in accordance with Rules contemplated under the Act and follow due process of law before taking any action. 4. Passing orders vide ROC.No.10/ DBG/2023, dated 28.04.2023 without considering the explanations submitted by the petitioners dated 26.04.2023 and 29.04.2023 and without affording her an opportunity of being heard is the grievance. In view of the contents of the counter affidavit of RC,J W.P.No.13377 of 2023 5 respondent no.5 that the panchayat will consider the explanations offered by the petitioner in accordance with law and Rules contemplated under the Act, this writ petition can be disposed of. 5. Accordingly, this writ petition is disposed of, setting aside the order vide ROC.No.10/DBG/2023, dated 28.04.2023 and directing the Gram Panchayat to pass orders afresh after considering the explanations submitted by the petitioner and after affording her an opportunity of being heard. Till completion of such exercise, the authorities shall not take any coercive steps against the subject property. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ______________ JUSTICE RAVI CHDEEMALAPATI Dated: 1st December, 2025. RR