IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3631 OF 2025 Between: 1. Kokkilgadda Akkamma, W/o. Kokkiligadda Chinna Venkataswamy, Aged about 40 years, R/o. D.No.5-228/3, Adarsha Nagar, Adidvi, Bapatia District, A.P. - 522101. 2. Kokkiligadda Aruna, W/o. Kokkiligadda Anjaneyulu, Aged about 33 years, R/o.D.No.5-51/1 Adarshanagar, A.F.Station, Adavi, Guntur District, A.P. - 522101. 3. Peeta Lakshmi, W/o. Narasimha Rao, Aged about 38 years, Adarsha Nagar, Adidvi, Bapatia District, A.P. - 522101. 4. Kokkiligadda Yanadamma, W/o. Venkateswarlu, Aged about 65 years, Adarsha Nagar, Adidvi, Bapatia District, A.P. - 522101. 5. Kokkiligadda Padma, W/o. Kokkiligadda Srinivasa Rao, Aged about 45 years, Adarsha Nagar, Adidvi, Bapatia District, A.P. - 522101. 6. Kokkiligadda Lakshmi, W/o. Kokkiligadda Chenchaiah Aged about 38 years, R/o.D.No.5-226/2, Adarsha Nagar, Adidvi, Bapatia District, A.P. - 522101. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development (PR & RD) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Bapatia District. 3. The Revenue Divisional Officer (RDO), Bapatia, Bapatia District, A.P. 4. The Tahsildar, Bapatia Mandal, Guntur District, A.P. 5. The District Panchayat Officer, Bapatia District, A.P. 6. The Gram Panchayat, Rep. by its Panchayat Secretary Adavi, Bapatia District, A.P ✓ ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 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.0.1 cents. Layout in Plot No.75, 78, 79 and 86, situated in S.N0.547/3A1 and S.N0.547/3A2, Adavi Village and Panchayat, Bapatia 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 Nos.2-1425 and 2-1426 respectively 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. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No’s.4 and 6 herein not to take any coercive steps including that of demolition/disp ossession of Petitioners existing Temporary Structures i.e. Roof Sheet Cottages, bearing Door Nos.2-1425 and 2-1426 respectively in the subject property admeasuring an extent of Ac.0.1 86, situated cents. Layout in Plot No.75, 78, 79 and in S.N0.547/3A1 and S.No.547/3A2, Adavi Village and Panchayat, Bapatia District, A.P, without foilowing due process of law. Counsel for the Petitioners; M/S. CKR ASSOCIATES Counsel for the Respondent Nos. 1 & 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE Counsel for the Respondent No.6: SRI M SUDHIR (SC &GP) The Court made the following: ORDER FOR ZPPS, MPPS APHC010069172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3330] V. PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3631/2025 Between: Kokkiligadda Akkamma and Others ...PETITIONER(S) AND The State of Andhra Pradesh and others Counsel for the Petitioner(S): 1.CKR ASSOCIATES Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE ...RESPONDENT(S) The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.3631 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.0.1 cents, Layout in Plot No. 75, 78, 79 and 86, situated in S.N0.547/3A1 and S.No.547/3A2, Adavi Village and Panchayat, Bapatia 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 Nos. 2-1425 and 2-1426 respectively 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 6^^ 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. ” The case of the petitioners is that the petitioners 1 and 2 are the 2. lease holders and possessors of the subject land to an extent of Ac.0.12y2 cents, layout in Plot No.75, 78, 79 and 86 situated in S.N0.547/3A1 and S.No.547/3A2, Adavi Village and Panchayat Bapatia District. The subject land was assigned by the then revenue authorities vide R.Dis.No.975/05A, dated 18.07.2011 and issued pattas having an extent of Ac.0.214 cents respectively in Plot No.75 in favour of the 3'^^ petitioner herein, plot No.78 in favour of 4'^ petitioner. Plot No.79 in favour of the 6*^ petitioner and plot No.86 in favour of the 3 1®* petitioner in survey No.547/3A1 and survey No.547/3A2 and since then they are in possession and enjoyment of the subject land without any interference and hindrance from others. The petitioners 1 and 2 entered into lease agreement on 30.12.2023 with petitioners 3 to 6 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 6'^ 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. 1 ) Heard learned counsel for the petitioners and learned counsel 3. for the respondents. 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. 4. w 4 5. In view of the said submissions, without going into merits of the case, the present Writ Petition is disposed of, directing the 6"" 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. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development (PR & RD) Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Bapatia District. 3. The Revenue Divisional Officer (RDO), Bapatia, Bapatia District, A.P. 4. The Tahsildar, Bapatia Mandal, Guntur District, A.P. 5. The District Panchayat Officer, Bapatia District, A.P. 6. The Panchayat Secretary, Gram Panchayat, Adavi, Bapatia District, A.P 7. One CC to M/s. CKR Associates Advocate [OPUC] 8. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. One CC to Sri M Sudhir (SC for ZPPS, MPPS & GP), Advocate [OPUC] 11. Three CD Copies TF HIGH COURT DATED:12/02/2025 ORDER WP.No.3631 of 2025 I 0 3 MAR 2025 1 Current Section . ^ DISPOSING OF THE W.P., WITHOUT COSTS