1 APHC010051182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2598/2025 Between: 1. NADAM BALA BALAJI,, S/O NARASIMHA MURTHY, AGED ABOUT 44 YEARS, OCC. FAST FOOD CENTRE WORKER 2. PINDI SOMA RAJU,, S/O PULLAYYA, AGED ABOUT 64 YEARS, OCC.PAN SHOP 3. MIRIYALA VEERABABU,, S/O MIRIYALA VEERA SWAMY, AGED ABOUT 46 YEARS, OCC. SANITATION WORKER. 4. JETTI SRI DEVI,, W/O CHINNI, AGED ABOUT 49 YEARS, OCC. CHURCH WORKER 5. YELLA CHITTIBABU,, S/O JOHN, AGED ABOUT 61 YEARS, OCC. PASTOR 6. BASINA VENKATESWARA RAO,, S/O B.SATYANARAYANA, AGED ABOUT 46 YEARS, OCC.PAN SHOP, 7. MATURI KAALI KRISHNA, S/O SATYANARAYA, AGED ABOUT 53 YEARS, OCC.UNEMPLOYED ALL THE PETITIONERS ARE THE RESIDENTING NEAR THE BANK OF MADIKI CANAL, DULLA VILLAGE, KADIYAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHYATH RAJ DEPARTMENT, SECRETARIAT 2 BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DULLA GRAMA PANCHYATH, DHULA VILLAGE, KADIYAM MANDAL, EAST GODAVARI DISTRICT, REP., BY ITS PANCHYATH SECRETARY. 3. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCE SECTION ALAMUR, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. D DORABABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR IRRI AND CAD The Court made the following ORAL ORDER: Heard Sri Dwarampudi Dora Babu, Ld. Counsel for the Writ Petitioner and Sri Panku Rajesh Kumar, Ld. Asst. Government Pleader for Panchayat Raj and Rural Development and Sri V. Sai Kiran, Ld. Counsel representing Sri Y. Koteswara Rao, Ld. Standing Counsel for the Grama Panchayat. 2. Sri V. Sai Kiran, Ld. Counsel representing Sri Y. Koteswara Rao, Ld. Standing Counsel for the Grama Panchayat has submitted the Written Instructions furnished by the Secretary of Dulla Grama Panchayt. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. 3. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Impugned Notice dated 28.01.2025 (Ex.P1) issued by the Secretary of Dulla Grama Panchayat. The said Notice would indicate that the Writ Petitioner was granted only 72 hours time to remove the encroachments. Learned Counsel for the Writ Petitioner would submit that the said Impugned Notice is bad in law in view of the short time which is granted for removing the 3 encroachments. Learned Counsel for the Writ Petitioner has also submitted that the impugned notice does not indicate the provision of law with regard to the exercise of powers by the Secretary, Grama Panchayat. 4. Having considered the above submissions, this Court is in agreement with the submissions made by the learned Counsel for the Writ Petitioner to the effect that the impugned Notice issued by the Respondent No.2 suffers from the vice of the Principles of Natural Justice. 5. Accordingly, the said impugned Notice dated 28.01.2025 issued by the Secretary of Dulla Grama Panchyat (Ex.P.1) is set aside. However, liberty is granted to the Respondent No.2 to issue fresh Notice to the Writ Petitioner in accordance with law and also by granting at least two weeks time for the Writ Petitioner to submit his Explanation. 6. Upon submission of such Explanation, the Respondent No.2 shall pass a Speaking Order in accordance with law and communicate a copy of such Order to the Writ Petitioner forthwith. 7. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 04.03.2025 Mnr 4 62 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.2598 OF 2025 Dt: 04.03.2025 Mnr