IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5665 OF 2025 Between: Kannikanti Sridevi, W/o Venkateswarrao, Aged 58 years, occu; Housewife R/o Kothapalli village, Bapulapadu Mandal, Krishna District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its PrI. Secretary to the Government, Panchyathraj and Rural Development Department, At Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The District Collector, Krishna District At Machilipatnam. The District Panchayath Officer, Krishna District At Machilipatnam. The Extension Officer, Panchayath Raj and Rural Development, Bapulapadu Mandal, Krishna District. The Revenue Divisional Officer, Gudiwada, Krishna District. The Thasildhar, Bapulapadu Mandal, Krishna District. The Gram Panchayath Kothapalli, Rep by its Secretary, Kothapalli village Bapulapadu Mandal,Krishna District. 1. 2. 3. 4. 5. 6. 7. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 7*'' respondent in issuing proceedings dated 17-02-2025 directing the petitioner to vacate the land adm Ac 2.25 cents in RS No 89 (LPM No 664) of Kothapalli Village, Bapulapadu Mandal, Krishna District without issuing any show cause notice to the petitioner and without following due process of law as illegal, arbitrary, violative of principles of natural justice, and contrary to orders dated 18-09-2015 in WP No 20596 of 2012 passed by this Hon'ble Court and violation of Article 14,19, 21 and 300A of the Constitution of India and consequently set aside the proceedings dated 17. 02-2025 issued by the 7**^ respondent. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in pursuance of the impugned proceedings dated 17.02.2025 issued by the 7th respondent in so far as the petitioner’s land adm Ac 1-30 cents in RS No; 89 of Kothapalli village, Krishna District is Bapulapddu Mandal concerned pending disposal of the writ petition. Counsel for the Petitioner: SRI CH. B. R. P. SEKHAR Counsel for the Respondent Nos.1 to 4: SRI PANKU RAJESH KUMAR, AGP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent Nos.5 & 6: SRI T. SANJEEVA RAO, AGP FOR REVENUE Counsel for the Respondent No.7: SRI V.SAI KIRAN representing SRI Y.KOTESWARA RAO, SC FOR ZPP,MPP & GP The Court made the following: ORDER f / -4 APHC010105192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5665/2025 Between: 1.KANNIKANTI SRIDEVI, W/0 VENKATESWARRAO AGED 58 YEARS, OCCU HOUSEWIFE R/0 KOTHAPALLI VILLAGE,BAPULAPADU MANDAL KRISHNA DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRI SECRETARY TO THE GOVERNMENT PANCHYATHRAJ AND RURAL DEVELOPMENT DEPARTMENT, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3.THE DISTRICT PANCHAYATH OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. 4.THE EXTENSION OFFICER, PANCHAYATH RAJ AND RURAL DEVELOPMENT, BAPULAPADU MANDAL, KRISHNA DISTRICT. 5.THE REVENUE DIVISIONAL OFFICER, GUDIWADA, KRISHNA DISTRICT. 6.THE THASILDHAR, BAPULAPADU MANDAL, KRISHNA DISTRICT. 7.THE GRAM PANCHAYATH KOTHAPALLI, REP BY ITS SECRETARY, KOTHAPALLI VILLAGE BAPULAPADU MANDAL,KRISHNA DISTRICT. 2 ...RESPONDENT(S): Counsel for the Petitioner: 1.CHBRP SEKHAR Counsel for the Respondent{S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.Y KOTESWARA RAO The Court made the following: ORAL ORDER: Heard Sri Ch. B.R.P. Sekhar, learned Counsel for the Writ Petitioner; Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj; Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue; Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat. Learned Counsel for the Petitioner has drawn the attention of this Court to the Impugned Notice, dated 17.02.2025 (Ex.P1). Learned Counsel for the Petitioner would submit that the Notice was issued without serving a show cause notice in accordance with the Andhra Pradesh Gram Panchayat (Protection of Property) Rules, 2011 (G.O.Ms.No.188, Panchayat Raj and Rural Development (Pts.lV) Department, dated 21.07.2011) (in short, ‘Rules’). Learned Counsel for the Petitioner has drawn the attention of this Court to Rule 4 of the said Rules, which prescribes the procedure for evicting encroachers. Learned Counsel for the Petitioner would submit that a Notice is mandatory on the part of the Official Respondents, calling for an explanation, and only thereafter can they proceed in accordance with the law. This Court has perused the Impugned Notice, dated 17.02.2025 (Ex.P.1). The said Notice would indicate that the Writ Petitioner was asked to vacate the subject land within 15 days without seeking any explanation. 2. 3. 4. 3 It is the opinion of this Court that the Impugned Notice dated 17.02.2025 (Ex.P.1) suffers from the vice of non-adherence to the principles of natural justice, inasmuch as no explanation was called for in terms of Rule 4 of the said Rules. 5. r Accordingly, the Impugned Notice, dated 17.02.2025 (Ex.P.1) is set 6. aside. The Official Respondents shall issue a fresh Notice within a period of three (03) weeks from today by following the procedure laid down under the statute and the Rules mentioned hereinabove, seeking an explanation or response from the Writ Petitioner. The Official Respondents shall thereafter pass a Speaking Order in accordance with the law within a period of four (04) weeks thereafter and communicate a copy of such Order to the Writ Petitioner forthwith. 7. The Writ Petitioner is directed to submit a copy of this Order to the Official Respondents within a period of one (01) week from today for effective compliance. 8. With these observations and directions, this Writ Petition stands 9. allowed. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 10. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR s [ / //TRUE COPY// SECTION OFFICER To The PrI. Secretary to the Government, Panchyathraj and Rural Development Department, State of Andhra Pradesh, At Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. The District Collector, Krishna District At Machilipatnam. The District Panchayath Officer, Krishna District At Machilipatnam. The Extension Officer, Panchayath Raj and Rural Development, Bapulapadu Mandal, Krishna District. 1. 2. 3. 4. 5. The Revenue Divisional Officer, Gudiwada, Krishna District. 6. The Thasildhar, Bapulapadu Mandal, Krishna District. 7. The Secretary, Gram Panchayath Kothapalli, Kothapalli village Bapulapadu Mandal,Krishna District. 8. One CC to Sri Ch. B. R. P. Sekhar, Advocate [OPUC] 9. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 11. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 12. Three CD Copies. ssb HIGH COURT DATED:06/03/2025 anoT^ X 18 MAR 2025 ORDER WP.No.5665 of 2025 O . Current Section . •S) ALLOWING THE W.P. WITHOUT COSTS