APHC010001922026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 340/2026 Between: 1. POLISETTI NAGA MUTHYALA RAO, S/O. KRISHNA MURTHY, AGED ABOUT 63 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1- 81, PANCHAYATI OFFICE ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 2. JAKKAMPUDI SARVESWARA RAO,, S/O. KASI VISWANADHAM, AGED ABOUT 57 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1- 16, MAIN ROAD, NEAR AMMAVARI TEMPLE KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 3. GORRE LAKSHMI DEVI, , W/O. KARUNA VENKATA RAO, AGED ABOUT 40 YEARS, OCC HOUSE WIFE, R/O. DOOR NO. 1-114/2, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 4. MANKU KONDALA RAO, , S/O. VEERA VENKATA RAJU AGED ABOUT 57 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1-103/1, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 5. RAAVI RAMESH,, S/O. PULLAIAH, AGED ABOUT 39 YEARS, OCC BUSINESS, R/O. DOOR NO. 1-111, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 6. POLISETTI VENKATA DURGA RAO, , S/O. NARASIMHA MURTHY AGED ABOUT 55 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 3- 2 AND 3-4/1, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. Page 2 of 10 SRS,J W.P.No.340 of 2026 7. POLISETTI ANJANEYULU, S/O. SARVESWARA RAO, OCC AGRICULTURE, AGED ABOUT 40 YEARS, R/O. DOOR NO. 1-90/1, CHERUVUGATTU ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 8. PAKA YEDUKONDALU,, S/O. NARASIMHA RAO, AGED ABOUT 61 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 6-19/1, MAIN ROAD, KOPPARRU WEST GODAVARI DISTRICT, ANDHRA PRADESH. 9. PAKA PEDDI RAJU,, S/O. VENKATESWARA RAO, AGED ABOUT 66 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 6-15, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 10. PAKA SRINIVAS,, S/O. SATYANARAYANA, AGED ABOUT 60 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 6-21, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 11. LINGAM ANJANEYULU,, S/O.KANAKARATNAM, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 12. BORRA YESUBABU RAO,, S/O. MUTHAYULU, AGED ABOUT 52 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 6-243, NEAR PANTAKALUVA MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 13. POLISETTI SURYAKUMARI,, W/O. VIJAYA KUMAR, AGED ABOUT 61 YEARS, OCC HOUSE WIFE, R/O. DOOR NO. 6-239, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 14. CHELLURI ANIL KUMAR,, S/O. RAMBABU, AGED ABOUT 23 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 6-12 , MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 15. PAKA RAMANUJAMMA, , W/O.YESU BABU, AGED ABOUT 55 YEARS, OCC HOUSE WIFE, R/O. DOOR NO.6-19 , MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. Page 3 of 10 SRS,J W.P.No.340 of 2026 16. MANKU VEERA VENKATA SATYANARAYANA,, S/O.VEERA CHARYULU, AGED ABOUT 54 YEARS, OCC AGRICULTURE, R/O.DOOR NO. 1-98/A, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 17. NIDADAVOLU RAMESH,, S/O. SURYANARAYANA, AGED ABOUT 65 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1-50/A , MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 18. POLISETTI VENKATESWARA RAO, , S/O. SARVESWARA RAO, AGED ABOUT. 47 YEARS, OCC. AGRICULTURE, R/O. DOOR NO. 1-91, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 19. POLISETTI SAVATHRI MANI,, W/O. RAVI KUMAR, AGED ABOUT. 53 YEARS, OCC. HOUSE WIFE, R/O. DOOR NO. 1-11 AND 1-11/1, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 20. CHINIMILLI SURYANARAYANA,, S/O. VENKATESWARA RAO, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O. DOOR NO. 1-18/1, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 21. POLISETTI NARASIMHA RAO, , S/O. VENKATESWARA RAO, AGED ABOUT 68 YEARS, OCC. AGRICULTURE, R/O. DOOR NO.3- 3, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 22. CHINIMILLI KRISHNA MURTHY,, S/O. SURYANARAYANA, AGED ABOUT 65 YEARS, OCC. AGRICULTURE, R/O. DOOR NO. 1-20, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 23. NIMMALA SATYANARAYANA,, S/O. VENKAIAH, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1-118, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. Page 4 of 10 SRS,J W.P.No.340 of 2026 24. KAVALI VEERA VENI,, W/O. RAMA RAO, AGED ABOUT 65 YEARS, OCC HOUSE WIFE, R/O. DOOR NO. 1-140, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 25. DODDA GOVINDAMMA,, W/O. APPA RAO, AGED ABOUT 59 YEARS, OCC AGRICULTURE, R/O. DOOR NO., MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH 26. POLISETTI SATYANARAYANA MURTHY,, S/O KASI VISWESWARA RAO, AGED ABOUT 3-69/4YEARS, OCC BUSINESS, R/O. MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 27. MANKU SRINIVAS,, S/O. NAGACHARYULU, AGED ABOUT 62 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1-99/2, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 28. PONNALA SRINIVAS,, S/O. LAKSHMANA SWAMY, AGED ABOUT 50 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 3-12L1, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 29. JAKKAMPUDI KASI VISWANADHAM,, S/O.RAGHAVULU, AGED ABOUT 74 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1-70/2, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 30. CHINIMILLI SURYAKUMARI,, W/O VEERA VANKATA APPA RAO AGED ABOUT 64 YEARS, OCC HOUSE WIFE, R/O. DOOR NO. 1- 90, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 31. ANDE MURALI, S/O.SITA RAMAIAH, AGED ABOUT 55 YEARS, OCC AGRICULTURE, R/O. DOOR NO.3-24/1, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 32. POLISETTI SATYANARAYANA,, S/O. RADHA KRISHNA, AGED ABOUT 45 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1-84, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. Page 5 of 10 SRS,J W.P.No.340 of 2026 33. POLISETTI PADMAJI RAMA MOHANA RAO,, S/O.RADHAKRISHNA, AGED ABOUT 59 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1- 83, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 34. KOPPINEEDI SUBBA RAO,, S/O. LATE SATYANARAYANA, AGED ABOUT 46 YEARS, OCC AGRICULTURE, R/O. MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 35. SMT.RAYI BHARATI,, W/O. SATYANARAYANA, AGED ABOUT 67 YEARS, OCC HOUSE WIFE R/O. DOOR NO. 1-114/1, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 36. BELLA RAGHAVULU, S/O. ADINARAHYANA, AGED ABOUT 62 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1-101, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 37. POLISETTI VIJAYA BHASKARA RAO,, S/O. KRISHNA MURTHY AGED ABOUT 75 YEARS, OCC AGRICULTURE, R/O. DOOR NO. 1- 98, MAIN ROAD, KOPPARRU, WEST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (PANCHAYAT RAJ AND RURAL DEVELOPMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, (PR) WEST GODAVARI AT BHIMAVARAM, ANDHRA PRADESH. 3. THE KOPPARRU GRAMPANCHAYAT, KOPPARRU, NARASAPUR MANDALAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH REP. BY ITS SECRETARY. ...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 p. 6 SRS,J W.P.No.340 of 2026 pleased topleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the final notices of demolition, purported to be a show cause notices in Roc. No.01/2025-26 and Roc.No.02/2025-26, dated 03-10-2025, 06-10- 2025, 07-10-2025. 03-12-2025, 05-12-2025, 06-12-2025 and 07-12-2025 respectively. without considering the common explanation dated 16-12-2025 with supporting documents, as illegal, arbitrary and contrary to the principles of natural justice and A.P.Panchayath Raj Act, and consequently set aside the show cause notices mentioned at Column No.7 of the Annexure-I filed along with the writ petition, issued by 3rd respondent, 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 pleased to direct the 3rd respondent not to demolish the houses mentioned in Column No.2 (door numbers) of the Annexure-I filed along with the writ petition, and to pass Counsel for the Petitioner(S): 1. POLISETTY RADHA KRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Sri Polisetty Radha Krishna, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, for respondents 1 and 2; and Sri Chaitanya, learned counsel representing Sri Y. Koteshwara Rao, learned standing counsel for respondent No.3. p. 7 SRS,J W.P.No.340 of 2026 2. The grievance of the petitioners is that the Panchayat Secretary of respondent No.3 issued demolition notices, dated 03.10.2025, 06.10.2025, 07.10.2025, 03.12.2025, 05.12.2025, 06.12.2025 and 07.12.2025, filed as Ex.P1, to all the petitioners, pointing out encroachments. In response to the notices, the petitioners and some others submitted a common explanation dated 16.12.2025, Ex.P3. However, without considering the explanation and conducting any enquiry, respondent No.3 is attempting to demolish the houses. Hence, the writ petition. 3. Learned counsel for the petitioners would contend that the petitioners and their predecessors have been residing in the subject houses for more than three decades. He would submit that earlier, when a notice dated 17.07.2023 was issued, proposing to demolish the houses, some of the petitioners filed W.P.No.18590 of 2023 assailing the same and the said writ petition was allowed, setting aside the said notice. He would submit that the petitioners submitted a common explanation to the present notices. However, respondent No.3, without considering the explanation and conducting any inquiry, is trying to demolish the structures. 4. Per contra, learned counsel for respondent No.3 would submit that the petitioners did not submit any explanation to the notices issued by the authority. He would submit that if the petitioners submit an explanation along with the relevant documents, respondent No.3 will consider the same and p. 8 SRS,J W.P.No.340 of 2026 pass appropriate orders as per the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, and the rules made thereunder. 5. Thus, as seen from the material on record, there is no dispute regarding issuance of notices vide ROC Nos.01/2025-26 and 02/2025-26, dated 03.10.2025, 06.10.2025, 07.10.2025, 03.12.2025, 05.12.2025, 06.12.2025 and 07.12.2025, to the petitioners, wherein it was mentioned that the petitioners constructed houses by encroaching R & B road margin, which is objectionable. Though the counsel for respondent No. 3 disputed regarding the submission of explanation, Ex P.3, it contains the seal of Gram Panchayat and the signature of the officer concerned. Thus, it cannot be disputed regarding submission of the explanation. 6. The notices-Ex.P1 issued by the authority demonstrate that the petitioners constructed houses and have been residing therein. The tax receipts-Ex.P2, disclose payment of house tax. 7. Whether the petitioners encroached upon the road margin as pointed out in Ex.P1, notices, needs to be adjudicated after due enquiry. Unless an inquiry is conducted by respondent No.3, it is too early to record a finding regarding the alleged encroachment. 8. Given the facts and circumstances of the case, this writ petition is disposed of without costs, at the admission stage, with the consent of learned counsel on either side, with the following directions: p. 9 SRS,J W.P.No.340 of 2026 i) Respondent No.3 shall conduct an inquiry pursuant to Ex.P1, notice and Ex.P3, explanation submitted by the petitioners. ii) Respondent No.3 shall pass a reasoned order after providing an opportunity of hearing to each of the petitioners and communicate the order to the petitioners. iii) The petitioners are also at liberty to submit any additional material at the inquiry. Till an order is passed, the 3rd respondent shall not interfere with the petitioners’ houses. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 03.02.2026 IKN p. 10 SRS,J W.P.No.340 of 2026 145 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 340 of 2026 Date: 03.02.2026 IKN