APHC010573342025 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: 29585/2025 Between: 1. YELLAMBAKA LEELAVATHI,, W/O. Y. SESHA GIRI, AGED 33, R/O. GOLAGAMUDI VENKATACHALAM, KANTEPALLE, NELLORE - 524 321. 2. DASARI KANTAMMA,, W/O. SUBRAHMANYAM, AGED 52, R/O. GOLAGAMUDI VENKATACHALAM, SURVEPALLI, NELLORE - 524 321. 3. DASARI VIJAYA LAKSHMI,, W/O. SURESH, AGED 35, R/O. GOLAGAMUDI VENKATACHALAM, SURVEPALLI, NELLORE - 524 321. 4. DORAGARALA VANI,, W/O. HARIKRISHNA, AGED 28, R/O. GOLAGAMUDI VENKATACHALAM, KANTEPALLE, NELLORE - 524 321. 5. DORAGARLA LAKSHMISRAVANI,, W/O. ANKAIAH, AGED 35, R/O. GOLAGAMUDI VENKATACHALAM, NELLORE- 534 321. 6. KORAKUTI PRASANTHI,, W/O. PENCHALA NAIDU, AGED 40, R/O. GOLAGAMUDI VENKATACHALAM, ANIKEPALLE, NELLORE - 524 321. 7. KORAKUTI ANASUYAMMA,, W/O. VENKATA RAMAIAH, AGED 64, R/O. GOLAGAMUDI VENKATACHALAM, 2 SURVEPALLI, NELLORE - 534 321. 8. KATAARI PARVATHI,, C/O. VEERAIAH, AGED 28 R/O. GOLAGAMUDI VENKATACHALAM, KANTEPALLE, NELLORE - 524 321. 9. POONDHAMALLI INDIRAMMA,, W/O. ANANDA CHARI, AGED 59, R/O. GOLAGAMUDI VENKATACHALAM, SURVEPALLI, NELLORE - 524 321. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR'DISTRICT. 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, NELLORE, SPSR NELLORE DISTRICT. 4. ANIKEPALLI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, ANIKEPALLI VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT. 5. THE PANCHAYAT SECRETARY, ANIKEPALLI GRAM PANCHAYAT ANIKEPALLI VILLAGE, VENKATACHALAM MANDAL, SPSR NELLORE 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 tomay be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the 3 nature of Writ of MANDAMUS, declaring the action of the 5th respondent Panchayat Secretary of the 4th respondent Gram Panchayat, in issuing the impugned Notice dated 09.10.2025, direction he petitioners to vacate their respective dwelling sites situated in Survey No.58 of Golagamudi Village, Anikepalli Gram Panchayat, Venkatachalam Mandal, SPSR Nellore District, without issuing any prior notice, without following due process of law, and in violation of the interim order dated 14.09.2018 passed by this Honble Court in W.P. No. 32424 of 2018, as contrary to law, illegal, arbitrary, high-handed, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the same, and further direct the respondents not to interfere with the petitioners possession and enjoyment of their respective dwelling sites admeasuring 8 Ankanams of 1st petitiorier, 21 Ankanams of the 2nd petitioner, 34 Ankanams of the 3rd petitioner, 21 Ankanams of the 4th petitioner, 21 Ankanams of the 5th petitioner, 27 Ankanams of the 6th petitioner, 28 Ankanams of the 7th petitioner, 9 Ankanams of the 8th petitioner and 9 Ankanams of the 9th petitioner, of Survey No.58 of Golagamudi Village, Anikepalli Gram Panchayat, Venkatachalam Mandal, SPSR Nellore District, pending consideration of their regularisation applications under G.O. Ms. No. 30, Revenue (Lands-I) Department, dated 29.01.2025, and without following due process of law 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 direct the respondents not to dispossess or in any manner interfere with the petitioners’ peaceful possession and enjoyment of their respective dwelling sites situated in Survey No.58 of Golagamudi Village, Anikepalli Gram Panchayat, Venkatachalam Mandal, SPSR Nellore District after suspending the operation of the impugned Notice dated 09.10.2025 issued by the 5th respondent Panchayat Secretary of the 4th respondent Gram 4 Panchayat, pending disposal of the above writ petition, and to pass such Counsel for the Petitioner(S): 1. P SAI SURYA TEJA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following Order: Aggrieved by the issuance of impugned notice dated 09.10.2025 by the 4th respondent-Gram Panchayat directing the petitioners to vacate their respective sites situated in Sy.No.58 of Golagamudi Village, Anikepalli Gram Panchayat, Venkatachalam Mandal, SPSR Nellore, without issuing prior notice and without following due process of law, the present writ petition is filed. 2. Heard Sri Surya Teja, learned counsel for the petitioners, Sri M. Sudheer, learned Standing Counsel for MPP, ZPP & Gram Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioners, while reiterating the contents of the affidavit, submitted that the 4th respondent without prior show-cause notice and without providing an opportunity of being heard has issued impugned notice dated 09.10.2025 asking the petitioners to vacate their respective sites by fixing 15 5 days time. He further submitted that the impugned proceedings though styled as notice, virtually it is a direction given to the petitioners to vacate the subject land by giving fifteen days time, failing which they would take steps against the petitioners. If the direction contained in the said notice is allowed to materialize, the rights of the petitioners will be affected and their livelihood will be at stake. In the said circumstances, filed the present writ petition and prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, Sri M. Sudheer, learned Standing Counsel for Gram Panchayat and learned Assistant Government Pleader for Panchayat Raj, collectively submitted that by virtue of the directions in W.P.(PIL).No.106 of 2025, the Tahsildar concerned surveyed the subject property and identified the encroachments, which are upon a pond. In order to remove these encroachments, the impugned notice has been issued and there is neither illegality nor procedural irregularity in issuing such notice. Even otherwise, the petitioners cannot question a notice under Article 226 of Constitution of India, as such, the writ petition is devoid of merits and is liable to be dismissed. 6 5. Perused the impugned notice dated 09.10.2025. As rightly contended by the learned counsel for the petitioners the impugned notice does not speak anything about issuance of any prior show-cause notice to the petitioners seeking their explanation. The first and foremost principle of natural justice is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should apprise the parties determinatively of the case they have to meet. Time given for the purpose should be adequate so as to enable them to make their representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is but essential that the parties should be put on notice of the case before any adverse order is passed against them. This is one of the most important principles of natural justice. Therefore, in view of the above, issuing the impugned notice with such a direction, without issuing any prior show-cause notice and without providing an opportunity of being heard to the petitioners, is un-sustainable under law. As such, the impugned notice is ex-facie illegal, unsustainable and was issued in clear 7 violation of principles of natural justice. In view of the above stated circumstances, there is no purpose in keeping this writ petition pending inviting counter. As such, this Court is inclined to set aside the impugned notice dated 09.10.2025 at the admission stage itself. 6. Accordingly, the Writ Petition is disposed of by setting aside the impugned notice dated 09.10.2025. However, this order does not preclude the concerned authority to take steps in accordance with law, by issuing proper show-cause notice/ inviting explanation and providing an opportunity of personal hearing and to pass a reasoned order and communicate the same to the concerned parties. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 28.10.2025 ANS 8 243 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 29585/2025 Date: 28.10.2025 ANS