APHC010079402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4062/2025 Between: S. Akbar Basha ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.4062 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondents in issuing impugned notice in R.C.No.01/2025, dated 11-02-2025 directing the petitioner to vacate his cool drink shop (Haider Cool Drink Shop) situated in LP.No.813 (Old Sy.No.234) an extent of 70 Sq.Ft, behind Panchayat Office, Parlapalli Village, Yemmiganur Mandal, Kurnool District, as illegal, arbitrary, unjust, unwarrant and violative of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities not to dispossess the petitioner from his cool drink shop and to pass such other order or orders...” 2. Heard learned counsel for the petitioner and the learned counsel for the respondents. 3. This Court directly posed a question to the learned counsel for the petitioner herein that how did the petitioner get the property or obtained the property that was specified in the affidavit/prayer. Learned counsel for the petitioner fairly submitted that the property belongs to the Gram Panchayat and however, the 4th respondent/Gram Panchayat is taking steps to vacate the petitioner forcibly in order to setup water tank in the subject place. 3 4. Learned counsel for the petitioner stated that there is a public tap is existing towards southern side of the shop of the petitioner and also there is a water tank is existing in the premises of panchayat office, which is adjacent to the petitioner’s shop and very much place is available in the surroundings to setup the water tank. Additionally, it is stated that the present impugned notice, dated 11.02.2025 was issued to harass and cause trouble to the petitioner as political power is at stake to the existence politics, directing the petitioner to remove the existing cool drink shop situated in 70 square feet in L.P.No.813 (Old Sy.No.234), behind Panchayat Office, Parlapalli Village, Yemmiganur Mandal, Kurnool District, otherwise, the respondents will remove the same and recover the charges incurred to that effect from the petitioner. Hence, requested this Court to protect the interest of the petitioner. 5. Admittedly, the subject land does not belong to the petitioner herein. However, keeping in view of the judgment of the Apex Court in Rame Gowda vs. Varadappa Naidu reported in 2004 (1) SCC 769, wherein it is held that the person, who is in settled possession and enjoyment of the property, cannot be evicted forcibly, without following the procedure as established by law. As seen from the impugned notice, the endeavour for removal of the shop appears to be genuine. The contention made by the petitioner is also acceptable that the respondents predominantly issued the impugned notice to harass the petitioner herein. 4 6. In view of the above said circumstances and without delving into the legal niceties, the Court is inclined to dispose of this writ petition directing the petitioner herein to submit the explanation to the impugned notice, dated 11.02.2025 within a period of two weeks from the date of receipt of a copy of this order and on receipt of such explanation, the 4th respondent/Gram Panchayat is directed to examine the same and pass appropriate orders in accordance with law. Till such time, the respondents are directed not to take any coercive steps against the subject property. 7. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date : 17.02.2025 SPP 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 4062 of 2025 Date : 17.02.2025 SPP