APHC010069132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3642/2025 Between: Singothi Pala Chandra Rao 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 The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.3642 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…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.0.05 cents, Layout in Plot No.83 and 83, situated in S.N0.547/3A1 and S.No.547/3A2, 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. Sheet Roof Cottages, bearing Door No.2-239/2 in the Subject land, purportedly exercising powers under Sections 119 to 124 of the Panchayat Raj Act, 1994, without considering the Petitioners reply dt.06.02.2025 to the notice issued by the 6th Respondent vide Roc.No.20/2025, dated.05.02.2025, 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 as this Hon’ble Court may deems fit just and proper in the circumstances of the case.” 2. The case of the petitioners is that the 1st petitioner herein is the lease holder and possessor of the subject land to an extent of Ac.0.05 cents, layout in Plot No.82 and 83 situated in Sy.No.547/3A1 and Sy.No.547/3A2 of Adavi Village and Panchayat, Bapatla District. The subject land was assigned by the then revenue authorities vide R.Dis.No.975/05A, dated 16.03.2011 and issued pattas having an extent of Ac.0.2½ cents respectively in Plot No.82 in favour of the 2nd petitioner herein and plot No.83 in favour of the father of the 3rd petitioner, in survey No.547/3A1 and survey No.547/3A2 and since 3 then they are in possession and enjoyment of the subject land without any interference and hindrance from others. The 1st petitioner entered into lease agreement on 04.04.2022 with petitioners 2 and 3 to construct resort in the aforesaid survey numbers and 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.20/25 dated 05.02.2025, 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 06.02.2025. 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 05.02.2025. 5. In view of the said submissions, without going into merits of the case, the present Writ Petition is disposed of, directing the 6th 4 respondent to examine the explanation offered by the petitioners for the notice dated 05.02.2025 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 RAJASEKHAR RAO Date : 12.02.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 3642 of 2025 Date : 12.02.2025 SPP