APHC010063762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3283/2025 Between: Akkala Ramanjaneyulu, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “…pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondent Nos.4 and 6 herein in interfering with the peaceful possession and enjoyment of the Petitioners land admeasuring an extent of Ac.0.11 cents, out of a total extent of Ac.1.08 Cents situated in S.No.547/3, Adavi Village and Panchayat, Bapatla District, A.P and the consequent action of the Respondents herein in trying to demolish the Petitioners Temporary Structures i.e., Roof Sheet Cottages, bearing Door No.2-239/3 i.e. Stay Cabins in the Subject land, purportedly exercising powers under Sections 119 to 127 of the Panchayat Raj Act, 1994, without considering the Petitioners reply dt.05.01.2024, 03.02.2025 to the notice/s issued by the 6th Respondent vide Roc.No.32/2023-24, dated.28.11.2023 and Roc.No.20/2024-25, dt.01.02.2025, without following due process of law as wholly illegal, arbitrary, untenable, contrary to the principles of Natural Justice, besides being violative of Articles 21 and 300A of the Constitution of India and consequently direct the Respondents Nos.4 and 6 herein not to demolish or dispossess the petitioners from the subject land without following due process of law and to pass such other order or orders.…” 2. The case of the 1st petitioner is that the 4th respondent has assigned the land in the name of the father of the 1st petitioner with a D-Form patta vide D.K.No.14/1394 in the year 1984, in an extent of Ac.1.08 cents in Sy.No.547/3 of Adavi Village, Bapatla District. Since then, the father of the 1st petitioner along with his family members was in peaceful enjoyment and possession of the said property. While 3 things stood thus, the father of the 1st petitioner demised on 17.11.2018 and the property was inherited to the 1st petitioner and the 1st petitioner entered into lease agreement on 30.12.2023 with petitioner Nos.2 to 4 to construct resort in the aforesaid survey number. The petitioner Nos.2 to 4 have obtained necessary permissions from the concerned authorities, constructed temporary cottages and also paying the property and other business taxes for the aforesaid land. To the utter shock of the petitioners, the 6th respondent issued notice vide Roc.No.20/24 dated 01.02.2025, granting seven days time for removal of the structures, which were constructed contrary to the provisions of the Andhra Pradesh Panchayat Raj, Act 1994. Assailing the said notice, the present writ petition is filed on several grounds. 3. Heard learned counsel for the petitioners and learned counsel for the respondents. 4. Learned counsel for the petitioners submits that no show cause notice was issued prior to the issuance of the impugned notice. Learned counsel further submits that the petitioners have already submitted an explanation on 03.02.2025. Hence, sought direction from this Court to direct the respondents not to take any coercive steps against the subject property till disposal of the explanation offered by the petitioners for the notice dated 01.02.2025. 4 5. In view of the said submissions, without going into merits of the case, the present Writ Petition is disposed of, directing the 6th respondent to examine the explanation offered by the petitioners for the notice dated 01.02.2025 and pass appropriate orders, in accordance with law, and communicate the said decision to the petitioners, within a period of two weeks from the date of receipt of a copy of this order. Till disposal of the explanation offered by the petitioners, the respondents are directed not to take any coercive steps against the subject property. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 07.02.2025 KBN 5 63 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.3283 of 2025 Date: 07.02.2025 KBN