APHC010712842025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. TENNETI NAGARAJU, S/O PULLAYYA, R/O 5 CHERUVU, VEERAVASARAM MANDAL, MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207. 2. RAPAKA NAGESWARA RAO,, S/O TATAIAH, R/O D.NO. 5 MATSYAPURI, WEST GODAVARI PRADESH,534207. 3. CHUTTUGULLA RAINUDU,, S/O CHUTTUGULLACHITAYYA, R/O 5 185, VENKANNA CHERUVU, ARUNDATHIPETA, VEERAVASARAM MANDAL. MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207 4. CHITTIGULLA ANANDRAO,, S/O CHITTIGULLAC EL.NO. 5-125, VENKANNA CHERUVU, MATSYAPURI, WEST GODAVARI DISTRICT, 534207. 5. CHIKATIMILLI RAJABABU,, S/O VENKANNA, R/O D.NO. 5 MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207 6. PALIVELA JYOTHI,, W/O VENKATESWARULU, ARUNDATIPETA, MATSYAPURI, WEST GODAVARI DISTRICT. ANDHRA PRADESH,534207. 7. TENNETI YOHANU,, S/O ASEERVADAM, R/ 35 WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207. 8. PALIVELA SANTOSH,, S/O PALIVELA BHASKARRAO, R/O 5 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36479/2025 TENNETI NAGARAJU, S/O PULLAYYA, R/O 5-127, VENKANNA CHERUVU, VEERAVASARAM MANDAL, MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207. RAPAKA NAGESWARA RAO,, S/O TATAIAH, R/O D.NO. 5 MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH,534207. CHUTTUGULLA RAINUDU,, S/O CHUTTUGULLACHITAYYA, R/O 5 185, VENKANNA CHERUVU, ARUNDATHIPETA, VEERAVASARAM MANDAL. MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207 CHITTIGULLA ANANDRAO,, S/O CHITTIGULLACHITAYYA, R/O 125, VENKANNA CHERUVU, MATSYAPURI, WEST GODAVARI DISTRICT, 534207. CHIKATIMILLI RAJABABU,, S/O VENKANNA, R/O D.NO. 5 MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH, PALIVELA JYOTHI,, W/O VENKATESWARULU, R/O 5 ARUNDATIPETA, MATSYAPURI, WEST GODAVARI DISTRICT. ANDHRA PRADESH,534207. TENNETI YOHANU,, S/O ASEERVADAM, R/ 35-120, MATSYAPURI. WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207. PALIVELA SANTOSH,, S/O PALIVELA BHASKARRAO, R/O 5 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY, THE TWENTY NINETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 127, VENKANNA CHERUVU, VEERAVASARAM MANDAL, MATSYAPURI, WEST RAPAKA NAGESWARA RAO,, S/O TATAIAH, R/O D.NO. 5-235, DISTRICT, ANDHRA CHUTTUGULLA RAINUDU,, S/O CHUTTUGULLACHITAYYA, R/O 5- 185, VENKANNA CHERUVU, ARUNDATHIPETA, VEERAVASARAM MANDAL. MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA HITAYYA, R/O 125, VENKANNA CHERUVU, MATSYAPURI, WEST CHIKATIMILLI RAJABABU,, S/O VENKANNA, R/O D.NO. 5-205. MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH, R/O 5-210/2-1. ARUNDATIPETA, MATSYAPURI, WEST GODAVARI DISTRICT. 120, MATSYAPURI. WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207. PALIVELA SANTOSH,, S/O PALIVELA BHASKARRAO, R/O 5-210/1, 2 MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH,534207. 9. CHIKATIMILLI PRASAD, S/O VENKANNA, R/O D.NO. 5-205, MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH,534207. 10. NOWDURI VEERAMMA,, W/O NANDURI SAIBABU R/O H.NO. 5- 206/1, ARUNDHATIPETA, MATSYAPURI, WEST GODAVARI DISTRICT,534207 11. MUPPIDI JAYARAJU,, S/O KRISHNAIAH, R/O 5-200, MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH,534207. 12. UNDRAJAVARAPU CHALLALU, S/O NARASIMHAM R/O MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH,534207. 13. TENNETI VENKATRAO, S/O TENNETIASHEERVADAM, R/O 5-195, VENKANNA CHERUVU, MATSYAPURI, WEST GODAVARI DISTRICT,534207. T 14. TENNETI DEVENDRA,, S/O TENNETIASHEERVADAM, R/O 5-128, VENKANNA CHERUVU, MATSYAPURI, WEST GODAVARI DISTRICT, 534207. 15. NOWDURI POWL,, S/O NOWDURISAMIYELU, R/O 5-199, ARUNDATHIPETA NAGAR, VERAVASAM MANDALAM, WEST GODAVARI DISTRICT, 534207 16. YARRAGADDA GABRIYELU,, S/O ESRAYELU, R/O D. NO. 5-126, MATSYAPURI, WEST GODAVARI DISTRICT, ANDHRA PRADESH, 534207. 17. JAKKAMPUDI SURYA NARAYANA,, S/O BRAMHAJI, R/O 5-124, MATSYAPURI, WEST GODAVARI DISTRICT, 534207. 18. 18. JAKKAMPUDI BRAMHAJI, S/O SURYANARAYANA, R/O 5-124, MATSYAPURI, WEST GODAVARI DISTRICT. 534207. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT 3 SECRETARIAT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT, 522020. 2. 2. THE MATSYAPURI GRAMA PANCHAYATH, REP BY ITS PANCHYATH SECRETARY MATSYAPURI VILLAGE VEERAVASARAM MANDAL WEST GODAVARI DISTRICT, 534207. 3. THE PANCHAYAT SECRETARY, MATAYAPURI VILLAGE VEERAVASARAM MANDAL WEST GODAVARAI DISTRICT, 534207. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT. 5. 5. THE TAHSILDAR, VEERAVASARAM MANDAL WEST GODAVARI DISTRICT 6. THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM WEST GODAVARI ...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 a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, a. declaring the impugned proceedings dated 22-12- 2025 issued by the Secretary. Gram Panchayat. Matsyapuri, Veeravasaram Mandal, as illegal, arbitrary, unconstitutional and unsustainable in law, inasmuch as the same direct eviction of the Petitioners within an unreasonably short period of seven (7) days, thereby rendering the statutory remedy of appeal under Section 10(l)(a) of the A.P. Land Encroachment Act, 1905 illusory and ineffective, and being violative of Articles 14, 21 and 300-A of the Constitution of India and the principles of natural justice and b. consequently, to set aside the said proceedings and direct the Respondents to strictly follow due process of law by passing a fresh reasoned and speaking order in accordance with law-, after furnishing all material relied upon and after affording the Petitioners a meaningful opportunity of hearing and/ or c. In the alternative this Honble Court may be pleased to permit the Petitioners to avail the statutory remedy of appeal under Section 10(1 )(a) of the A.P. Land Encroachment Act, 1905 by granting reasonable and sufficient time and by directing maintenance of status quo and restraining the Respondents from taking any coercive steps, including eviction or demolition, against the Petitioners residential premises situated in Survey Nos.445-A and 445-B of Matsyapuri Village, Veeravasaram Mandal, West Godavari District, until the 4 appellate remedy is exhausted and decided in accordance with law d. and/or to pass 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 to grant stay of all further proceedings pursuant to the impugned proceedings dated 22-12-2025 issued by the Secretary, Gram Panchayat, Matsyapuri, Veeravasaram Mandal, 3'^‘‘ respondent herein, including eviction or demolition, against the Petitioners in respect of their residential premises situated in Survey Nos. 445-A and 445-B of Matsyapuri Village, Veeravasaram Mandal, West Godavari District, pending disposal of the above Writ Petition, and to pass Counsel for the Petitioner(S): 1. ANUP KOUSHIK KARAVADI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 5 The Court made the following order: Challenging the proceedings dated 22.12.2025 issued by Secretary, Gram Panchayat, Matsyapuri Village, directing the petitioners to vacate the respective premises situated in survey Nos.445-A and 445-B of Matsyapuri village Veeravasaram Mandal within an unreasonably short period of seven days, thereby rendering the statutory remedy of appeal under Section 10(1) (a) of the A.P Land Encroachment Act, 1905 illusory and ineffective, the present Writ Petition has been filed. 2. Heard Sri Anup Koushik Karavadi, learned counsel for the petitioners, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj Department, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri Y.Koteswararao, learned standing counsel for Gram Panchayat. 3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that the petitioners are permanent residents of Matsyapuri Village, Veeravasaram Mandal, West Godavari District, and have been in long-standing, continuous, permanent and peaceful possession of their respective residential houses for several decades. The houses were constructed more than fifteen years ago with the knowledge of the local and revenue authorities, without any objection. Their possession has been consistently recognized by the State through the issuance of pattas, collection of house tax, levy of water tax and grant of electricity connections, thereby creating settled, crystallized, possessory and residential rights. He further 6 submitted that certain third parties filed W.P. No.14825 of 2021 contending that the land in survey No.445-A is classified as ‘tank’ and that several persons have encroached upon the same. In response, Gram Panchayat filed a counter stating that respondent No.5 had conducted a survey of the tank land and submitted a survey report and as per the survey report, 27 persons were found to have occupied a small extent of the tank land and raised structures and the Gram Panchayat undertook to remove the unauthorized constructions. This Court, after hearing both sides, vide order dated 21.09.2021 in Writ Petition No.14825 of 2021 directed the respondents to take action, if any, strictly in accordance with G.O.Ms.No.188 dated 21.07.2011 and by following due process of law. Pursuant to the orders of this Court, respondent No.3 issued a notice dated 07.01.2022 directing the petitioners to vacate their houses and the said notice is contended to have been issued on the basis of a survey conducted by the Deputy Surveyor without verifying the title and possession of the petitioners by virtue of pattas granted by the Tahsildar, Matsyapuri village. Aggrieved thereby, the petitioners filed Writ Petition No.1331 of 2022 and this Court, vide order dated 24.01.2022, set aside the said notice observing that the survey had been conducted behind the back of the petitioners, while leaving it open to respondent No.3 to follow due process of law. He further submitted that several encroachers had filed certain cases challenging the issuance of notices on the ground that due process of law was not followed. He further submitted that the present impugned proceedings, dated 22.12.2025 appears to have been issued in the 7 backdrop of a contempt case vide C.C.No.3185 of 2022 alleging violation of the orders passed in Writ Petition No.14285 of 2025. Without giving reasonable or sufficient time to enable the petitioners to approach the competent appellate authority and avail the statuary remedy of appeal under Section 10(2) of the A.P Land Encroachment Act, 1905, the impugned proceedings have been issued by respondent No.3, which is in clear violation of the principles of natural justice, hence, the said proceedings are liable to be set aside. 4. On the other hand, learned standing counsel for Gram Panchayat placed on record the letter vide Roc.No.01/2025 dated 29.12.2025 addressed by the Panchayat Secretary, Matsyapuri Gram Panchayat and contended that there is neither illegality nor procedural irregularity in issuing the impugned proceedings. The Panchayat Secretary has rightly issued the said proceedings. He further submitted that if the petitioners have any grievance against the said proceedings, they can prefer an appeal before the Gram Panchayat as provided under Section 128 of Panchayat Raj Act. The petitioners have not raised any valid grounds warranting interference of this Court and prayed to dismiss the Writ Petition. 5. In reply, learned counsel for the petitioners submitted that in terms of Section 129 of A.P Panchayat Raj Act, 1994, a period of 30 days is required to be provided to the petitioners to prefer an appeal. However, in the impugned proceedings, only one week time was given to the petitioners to remove the 8 alleged encroachments. On that ground also, the impugned proceedings are liable to be set aside. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. As could be culled out from the submissions of learned counsel for the parties and from a reading of the impugned proceedings, an opportunity of personal hearing was not provided to the petitioners. In the impugned proceedings, the Panchayat Secretary has referred to the provisions of the Land Encroachment Act, 1905, despite the property belongs to the Gram Panchayat and the matter ought to have been dealt with under the provisions of the A.P Panchayat Raj Act, 1994. Further Rule 4 of G.O.Ms.No.188 Panchayat Raj and Rural Development (PTO.IV) Department, dated 21.07.2011, makes it clear that the Gram Panchayat shall serve a notice on the encroacher and afford an opportunity of hearing before proceeding with eviction. In the impugned proceedings, the Panchayat Secretary has directed the petitioners to vacate the premises within seven days upon receipt of the speaking order, which is in clear violation of principles of natural justice. As rightly contended by the learned counsel for the petitioners, in terms of Section 129 of the A.P. Panchayat Raj Act, 1994, a period of 30 days is required to be provided to the petitioners to prefer an appeal. However, in the impugned proceedings, such sufficient time was not granted, and the petitioners were directed to vacate the premises within seven days. 9 8. In the aforesaid circumstances, the impugned proceedings, having been issued without affording an opportunity of personal hearing as mandated under Rule 4 of G.O.Ms.No.188, are unsustainable, since they have been issued in clear violation of the principles of audi alteram partem rule and they have to be set aside at the admission stage. As such, this Court is inclined to allow the Writ Petition by passing the following order: “The impugned proceedings issued by Secretary, Gram Panchayat, Matsyapuri village, Veeravasaram Mandal, dated 22.12.2015 are hereby set aside and remanded to the Secretary, Matsyapuri Gram Panchayat. On such remand, the Panchayat Secretary shall issue notices to the petitioners, providing an opportunity of personal hearing by fixing date and time, and shall thereafter pass a reasoned order within a period of four weeks. Till such time, no coercive steps shall be taken against the petitioners in respect of the subject property.” 9. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 29.12.2025 MP 10 162 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.36479 of 2025 29.12.2025 MP