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2025 DAILYLAW 5947 (AP)

vesapogu vasundara devi v. THE STATE OF AP

WP/2847/2025 · 2025-02-28

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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1 APHC010053272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2847/2025 Between: 1. VESAPOGU VASUNDARA DEVI, W/O. CHINNA BHASKARARAO, S/O. VARAPRASAD, AGED 39 YEARS, R/O. DR NO- 4-26, HIGH SCHOOL ROAD, PEDDARAVEEDU POST AND VILLAGE, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT. 3. THE PEDDARAVEEDU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PEDDARAVEEDU GRAM PANCHAYAT AND MANDAL, PRAKASAM DISTRICT. 4. THE TAHSILDAR, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. PAVAN KUMAR PASUPULETI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 2 ORAL ORDER: Heard Sri Anand Kumar, learned Counsel appearing online on behalf of Sri Pavan Kumar Pasupuleti, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue. 2. Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue has submitted the Written Instructions furnished by the Tahsildar of Peddaraveedu dated 10.02.2025. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. 3. The Written Instructions would indicate that the District Collector (Respondent No.2) has appointed the RDO for conducting an enquiry in the matter. It is also stated in the Written Instruction that the RDO has not yet forwarded the Notices to the Tahsildar (Respondent No.4). 4. Having regard to the above facts and circumstances, this Court is of the opinion that the Official Respondents are statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notices to all the affected parties including the Writ Petitioner, before initiating any coercive action. 5. In this view of the matter, the present Writ Petition is disposed of, at the admission stage, without going into the merit, directing the RDO (who is not impleaded as a party) and the Tahsildar, Peddaraveedu Mandal (Respondent No.4), to issue advance Notices to the Writ Petitioner and any other interested parties, consider their submissions/objections and documents, if any, whenever the enquiry is undertaken by them. It is clarified that the Respondent Officials shall pass final orders in accordance with law, only after objectively considering the case of the Writ Petitioner. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 3 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 28.02.2025 Vns