APHC010699992025 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: 35913/2025 Between: Tenneti Nagaraju and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. JYOTHI RATNA ANUMOLU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: Impugning the notices dated 01.12.2025 and 09.12.2025 issued by the 2nd respondent, the present writ petition is filed. 2. Heard Miss Jyothi Ratna Anumolu, learned counsel for the petitioners, Sri Y.Koteswara Rao, learned standing counsel for Gram Panchayat, Sri Chandrasekhar, learned Assistant Government Pleader for Revenue and Ms Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj Department. 3. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that the petitioners are the absolute owners of their respective extents of the subject lands covered in Sy.No.445-A & 445-B situated in Matysapuri Village, Veeravasaram Mandal, West Godavari district and have constructed residential houses and other constructions strictly in accordance with law. She further submitted that, this is the 4th round of litigation with regard to the subject lands wherein three other writ petitions were filed vide W.P.Nos.14825/2021, 1331/2022 & 34619/2022 on the alleged ground of encroachments. She further submitted that, inspite of the directions given by this Hon’ble Court in the above said writ petitions, the respondent authorities have issued the impugned notices dated 01.12.2025 & 09.12.2025 purportedly for conducting enquiry (hearing) and for survey respectively in R.S.No.445/A which is classified as Cheruvu Poramboke and thereafter without passing any speaking or reasoned order, without determining the rights, title or possession of the petitioners herein, have visited the subject lands and marked the boundaries and threatened the petitioners to demolish their houses. The said photographs of markings were placed on record and have drawn the attention of this Court to the same. (b) She further submitted that aforesaid actions of the respondents, undertaken without concluding the enquiry, without furnishing any survey report and in pre-determination of the nature of the subject land as ‘Cheruvu Poramboke’ are wholly arbitrary, illegal and also in flagrant violation of the directions of this Hon’ble Court in the above said writ petitions and settled principles of law governing the demolition and eviction proceedings. As such prayed to pass appropriate orders protecting the interests of the petitioners. 4. On the other hand, learned Standing counsel for the Gram Panchayat submitted that the impugned notices are only show cause notices given to the petitioners inviting explanation and to provide opportunity of personal hearing to them. Therefore, the same cannot be questioned under the Article 226. He further submitted that the petitioners are not cooperating with the enquiry as directed by this Court in previous writ petitions and filing the writ petitions one after the other. As such no indulgence need be shown on the petitioners and prayed to dismiss the writ petition. 5. Perused the record and considered the submissions of learned counsel. 6. A perusal of the impugned notices dated 01.12.2025 & 09.12.2025 would clearly indicate that the said notices were issued for conducting survey inviting explanation from the petitioners and for hearing them. The grievance of the petitioners is that pursuant to the said notices, the respondents have thereby made some markings and attempted to demolish the structures in the subject lands. A perusal of the record would indicate that the said survey notice was issued after issuing the show cause notice dated 24.01.2022. Generally as per law, after conducting a survey and identifying the extents of encroachments, if any, show cause notice will be issued to the encroacher inviting explanation. In the present case, after issuance of the show cause notice, survey notice was issued, in a reverse manner. In view of the same, this Court can presume that either the respondents are indirectly protecting the petitioners or they are proceeding with the enquiry in an eye wash manner. Either way, contemplating to remove the encroachments without conducting proper survey and identifying encroachments and without following due process of law is unsustainable and arbitrary. 7. It is very surprising to see that inspite of the directions given by this Court in W.P.Nos.14825/2021, 1331/2022 & 34619/2022 and others, the respondent authorities are not adhering to them strictly and because of the said act, the petitioners can never get their grievance redressed through the Court of law. To put a quietus to the litigation, without going into merits of the case and without inviting counter, this Court is inclined to dispose of the writ petition with the following directions: i. The 5th respondent-Tahsildar concerned shall conduct a survey pursuant to the notice dated 09.12.2025 in the presence of petitioners by fixing a time and date. ii. The petitioners shall attend the said survey along with all the relevant documents in support of their claim. iii. Basing on the said documents submitted by the petitioners, survey shall be conducted and encroachments shall be identified and the same shall be informed to the Gram Panchayat by the tahsildar. iv. Upon receipt of the same, the respondent nos.2 & 3-Gram Panchayat, if found any encroachments, shall issue proper notices, as per the provisions of the A.P.Panchayat Raj Act, 1994 and G.O.Ms.No.188 dated 21.07.2011, inviting explanation by giving sufficient time. On such notice, the petitioners shall submit their explanations along with all the relevant documents in support of their claim. Pursuantly, the Gram Panchayat shall pass a reasoned order on the same, after providing an opportunity of personal hearing to the petitioners and take steps accordingly. v. The entire exercise shall be completed within three(03) months from the date of receipt of copy of the order. Till then, the respondents are directed not to take any coercive steps against the petitioners. vi. Non-adherence of any of the above directions will be seriously viewed by this Court. With the above directions, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS