APHC010007602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 426/2025 Between: 1. HOTHA SRI RAMA CHANDRA MURTHY,, S/O SIVA RAMA SASTRY, AGE 72YRS, R/OD.NO.6-10-4, T.NAGAR, RAJAMAHENDRAVARAM, RAJAMAHENDRAVARAM URBAN MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, , GOVERNMENT OF ANDHRA PRADESH, UNDAVALLI, TADEPALLI MANDAL GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PANCHAYAT WING, KAKINADA DISTRICT AT KAKINADA. 4. THE DISTRICT PANCHAYAT OFFICER, KAKINADA DISTRICT AT KAKINADA. 5. THURANGI GRAMA PANCHAYAT, REP. BY ITS SECRETARY, THURANGI VILLAGE, KAKINADA 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 order or direction more particularly one in the nature of Writ of MANDAMUS declare the proceedings of the 5th respondent in proceedings Roc.No /2024 , dt 23.12.2024 as illegal, arbitrary and contrary to the Provisions of the AP Panchayat Raj Act and without any power or jurisdiction and consequently set aside the same and to 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 stay of all further proceedings pursuant to the proceedings to the orders of the 5th respondent in Roc. No /2024, dt: 23.12.2024, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.KoteswaraRao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gram The Court made the following: ORDER: Impugning the proceedings dated 23.12.2024of the 5threspondent on the ground that the same was issuedwithout any power or jurisdiction, the present writ petition is filed. 2. Heard SriP.R.K.Amarendra Kumar, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that based on the allegation that the petitioner has occupied the common area and made unlawful constructions, a notice dated 20.09.2021 was issued and thereafter survey was conducted and the Mandal Surveyor submitted a report dated 03.11.2021 to the authorities stating that there is no unlawful construction.Thereafter,the 5th respondent once again issued the impugned notice dated 23.12.2024informing the petitioner that he has encroached some of the land and shown the same in the layout. He further submitted that the said notice is wholly unsustainable and contrary to the settled principles of natural justice and the same is allowed to subsist, it affects the rights of the petitioner, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Standing Counsel contended that the petitioner cannot assail the impugned notice by filing a writ petition under Article 226 of the constitution of India and if at all he has any grievance against the impugned notice, he has to raise all the grounds before appropriate authority. The writ petition is devoid of merits and liable to be dismissed, accordingly, prayed to dismiss the writ petition. 5. In reply, learned counsel for the petitioner submitted that a liberty may be given to the petitioner to raise all the grounds raised before this Court before appropriate authority and prayed to dispose of the writ petition. 6. Perused the record and considered the submissions made by the learned counsel. 7. The main contention of the petitioner is that after conducting a survey and giving a report that there were no unlawful constructions in the subject land again the impugned notice vide Roc.No……/2024 dated 23.12.2024was issued for conducting survey on the allegation that he has encroached some of the land and shown the same in the layout.The High Court will not entertain a petition filed questioning the show cause notice while exercising jurisdiction under Article 226 of the Constitution. As rightly contended by the learned counsel for the respondents the petitioner cannot raise his grievance before this Court and this Court cannot adjudicate the same under Article 226 of the Constitution of India,as such, this Court is inclined to dispose of the writ petition at admission stage without going into the merits and demerits of the matter by passing the following order: “The petitioner is at liberty to give explanation to the impugned proceedings dated 23.12.2024 by bringing all the facts to the authority concerned and by raising all the grounds that are raised before this Court and the authority concerned shall consider the same and pass appropriate orders in accordance with law by considering the earlier report dated 03.11.2021.” 8. 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: 28th October, 2025 RKS