APHC010089762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 4685/2025 Between: Dudekula Kadhar Vali, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Yadlapalli Sitharamanjaneyulu Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent is trying to demolish the compound wall of subject property (House) by virtue of show cause notice dated 09-01-2025 which is issued for calling the explanation for the illegal construction of compound wall, after receiving the said notice the petitioner is issued detailed explanation to the notice dated 16.01.2025 without considering the same the authorities are threatening to demolish the construction of Compound wall, without following the procedure as contemplated under AP Panchayath Raj act 1994, which is highly illegal and arbitrary and violation of principals of natural justice and consequently direct the respondents not to interfere with the possession of the petitioner without following procedure and without considering the explanation dated 16-01- 2025 and pass such other order or orders.…” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The grievance of the petitioner is that the petitioner constructed house in the year 1998, after obtaining all necessary permissions from the competent authorities and also constructed compound wall, as per the plan approved by the 4th respondent. To the utter surprise of the petitioner, the 4th respondent issued show cause notice dated 09.01.2025, alleging that there are certain deviations in the plan approval. Thereafter, the petitioner submitted his explanation on 16.01.2025. Without considering the said explanation, the respondents 3 are trying to demolish the compound wall. Aggrieved by the same, the present writ petition is filed seeking a direction to the respondents not to demolish the compound wall, without considering the petitioner’s explanation and without following due process of law. 4. Sri M.Sudhir, learned Standing Counsel for Gram Panchayat submits that as per the oral instructions, no such eviction or demolition order was passed by the respondents and further sought some time to secure written instructions. 5. Without delving into merits of the case, the 4th respondent is directed to consider the explanation offered by the petitioner and pass appropriate orders, in accordance with law and communication the said decision to the petitioner, within reasonable time. Till such time, respondents are directed not to take any coercive steps against the petitioner’s subject property. 6. With the above directions, the present Writ Petition is disposed of. 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: 21.02.2025 KBN 4 31 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.4685 of 2025 Date: 21.02.2025 KBN