APHC010182472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9436/2026 Between: 1. BATTU PENTA REDDY, S/O BATTU CHINNA APPANNA R/O MADHURA KUNCHU VANI PETA, SAVARAVILLI VILLAGE BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT, AP-535216 2. 2. BATTU APPALA NARAYANA, S/O BATTU CHINNA APPANNA R/O MADHURA KUNCHU VANI PETA, SAVARAVILLI VILLAGE BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT, AP-535216 3 3. BATTU BANGARU REDDI, .S/O BATTU CHINNA APPANNA R/O MADHURA KUNCHU VANI PETA, SAVARAVILLI VILLAGE BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT, AP-535216 4. 4. BATTU LAXMANA, S/O BATTU CHINNA APANNA R/O MADHURA KUNCHU VANI PETA, SAVARAVILLI VILLAGE BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT, A P AP-535216 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECTARY, REVENUE DEPARTMENT AP SECETRAIAT BUILDINGS, VELAGAPUDI, AMARVATHI, GUNTUR DISTRICT, AP-522228 2. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM VIZIANAGARAM DISTRICT, ANDHRA PRADESH-535003 3. Page 2 of 7 3. THE THALISDHAR, BHOGAPURAM MANDAL VIZIANAGARAM DISTRICT, ANDHRA PRADESH-535216 4. 4. THE PANCHAYTI DEVELOPMENT OFFICER, SAVARAVILLI GRAMPANCHAYAT, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT ANDHRA PRADESH-535216 5. 5. THE STATION HOUSE OFFICER, BHOGAPURAM BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT-535216 6. THE MANDAL PARISHAD DEVELOPMENT OFFICERMPDO, MANDAL PRAJAPARISHAD, BHOGAPURAM, VIZIANAGARAM DISTRICT, AP-535216 7. 7. THE DEPUTY MPDO, MANDAL PRAJAPARISHAD, BHOGAPURAM, VIZIANAGARAM DISTRICT, AP-535216 8. 8. THE DISTRICT PANCHAYAT OFFICER, PANCHAYAT DEPARTMENT VIZIANAGARAM DISTRICT, AP-535003 9. DR BOTTA SUSEELA DEVI, W/O GOVINDARAJULU OCC DOCTOR, R/O PLOT NO. 162, SECTOR - 8, MVP COLONY VISHAKAPATNAM,ANDHRA PRADESH-5300 ...RESPONDENT(S): 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 a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of Respondent No.4 issued urgent notice vide Rc.No.9/2026, dated 31-03-2026 to vacate from the houses without following the due process of law as per the honble high court orders passed in Writ appeal No. 905 of 2024 dated 17-02-2025 as illegal, arbitrary, unjust and unconstitutional and consequently direct the Respondents not to demolish the Petitioners houses in extent of 0.03 cents (Out of 0.07 cents) in Survey no. 122-15, Ac.0.03 cents (Out of 0.07 cents) in Survey no. 122-6 on their own land and proposed to raise construction in an extent of Ac 0.03 cents (Out of 0.12 cents) in Survey No. 122- 17 part of the 9th respondent total extent of land Ac 0.95 cents in Survey no. 122- 11 to 122-22 situated in Savaravalli Village, Bhogapuram Mandal, Vizianagaram District, AP and to pass IA NO: 1 OF 2026 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 direct the Respondents not to demolish the Petitioners houses in extent of 0.03 cents (Out of 0.07 cents) in Survey no. 122-15, Ac.0.03 cents (Out of 0.07 cents) in Survey no. 122-6 on their own land and proposed to raise construction in an extent of Ac 0.03 cents (Out of 0.12 cents) in Survey No. 122- 17 part of the respondent total extent of land Ac 0.95 cents in Survey no. 122- 11 to 122-22 situated in Savaravalli Village, Bhogapuram Mandal, Vizianagaram District, AP in the interest of justice and pas Counsel for the Petitioner(S): 1. K GANI REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: ::ORDER :: Heard Sri K. Gani Reddy, learned counsel for the petitioner; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondents 1 to 3; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, for respondent No.8; Sri Y. Koteswara Rao, learned standing counsel for respondents 4, 6 and 7 and learned Assistant Government Pleader for Home, for respondent No.5. 2. Notice in respect of respondent No.9 is dispensed with since no adverse order affecting her right or interest is passed. 3. Challenging the urgent notice issued by the Panchayat Development Officer, Savaravilli Gram Panchayat-respondent No.4 vide Rc.No.9/2026 dated 31.03.2026 directing the petitioners to vacate the respective houses, without following due process of law, the above writ petition is filed. 4. The brief facts of the case, as set out in the affidavit, are that respondent No.9 initially filed W.P.No.20566 of 2024 to declare inaction on the part of the District Collector, Vijayanagaram District, the Tahsildar, Bhogapuram Mandal and the Secretary of Savaravilli Gram Panchayat, in demolishing the unauthorized construction made by respondents 5 to 8 therein i.e. the petitioners herein, as illegal and arbitrary. The said writ petition was dismissed by order dated 18.09.2024. Against the said order, respondent No.9 herein filed an intra-court appeal W.A.No.905 of 2024, and the said appeal was disposed of on 17.02.2025. The operative portion of the order reads thus: <In the circumstances, this writ appeal is disposed of with a direction to the 3rd respondent to verify whether the constructions made in the location mentioned above are after obtaining building permissions or not. If such building permissions do not exist, the 4th respondent shall take steps to remove such constructions. However, if building permissions are available, the 4th respondent shall not interfere with the matter and it would be open to the appellant to approach the competent civil Court for appropriate relief. There shall be no order as to costs.= 5. Against the order, dated 17.02.2025, the petitioners herein filed SLP (Civil) Dairy No.15938 of 2026 before the Hon’ble Supreme Court, and the same was dismissed on 23.03.2026. Thereafter, respondent No.4 issued a notice vide Rc.No.02/2025 dated 08.04.2025-Ex.P3 to the petitioners, calling upon them to submit relevant documents, including permissions for the construction of the structures. Petitioner No.3, submitted Ex.P4-explanation, which does not contain any endorsement. Thereafter, respondent No.4 issued another notice vide Ref.No.10/2025 dated 17.11.2025, calling upon the petitioners to submit the relevant documents, including any permissions, within fifteen days. But the petitioners failed to submit the explanation. Therefore, Ex.P1-notice was issued to the petitioners. 6. Learned counsel for the petitioners would contend that no enquiry was conducted by the Panchayat Development Officer before issuing Ex.P1, notice. 7. Learned standing counsel would fairly submit that the Panchayat Development Officer of respondent No.4 will issue a fresh notice to the petitioners as well as respondent No.9 and conduct an enquiry and pass a reasoned order. 8. The Division Bench of this Court, vide order, dated 17.02.2025, extracted supra, directed respondent No.3 therein i.e. Tahsildar, to verify whether the constructions made in the subject location are after obtaining building permission or not, and in the absence of such building permission, directed the Panchayat Secretary of Savaravilli Gram Panchayat to take steps to remove such constructions. 9. No doubt, the Panchayat Development Officer of respondent No.4 initially issued notice, dated 08.04.2025, Ex.P3, to which petitioner No.3, submitted Ex.P4-explanation. However, Ex.P4, does not contain any endorsement of the office of respondent No.4. Thereafter, Ex.P5-notice dated 17.11.2025 was issued. The petitioners submitted representation, Ex.P2, which was received by the Panchayat Secretary, on 04.04.2026 i.e. after issuance of Ex.P1. In Ex.P2-representation and Ex.P4/explanation, it was pleaded that approved plans are not available, and constructions were made after obtaining necessary approval. The same averment was reiterated in para No.4 of the writ affidavit. 10. Before issuing Ex.P1-notice, the Panchayat Development Officer of respondent No.4 should have issued notices to the petitioners as well as respondent No.9, conducted an enquiry and passed a reasoned order, thereafter. 11. The Division Bench of this Court observed that if the permission does not exist, the authority shall take steps to remove the construction. Respondent No.4, if the constructions are made without permission, is expected to record a finding in the order regarding the constructions without the building permission. Issuance of an urgent notice by respondent No.4, without recording such a finding, on the pretext that the Division Bench of this Court directed the authority to remove the structure, is impermissible. 12. Given the facts and circumstances of the case, the notice-Ex.P1 is hereby set aside. Respondent No.4 shall issue a fresh notice, fixing the date of hearing, to the petitioners as well as respondent No.9. The petitioners shall produce the entire record. Thereafter, the Panchayat Development Officer of respondent No.4 shall pass a reasoned order keeping in view the direction issued in W.A.No.905 of 2024. The Panchayat Development Officer of respondent No.4 shall complete this exercise within four weeks from today. Till such time, the Panchayat Development Officer of respondent No.4 shall not take any coercive steps. Accordingly, this Writ Petition is disposed of at the admission stage. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.04.2026 IKN THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9436 of 2026 Date: 09.04.2026 IKN