APHC010016722026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1042/2026 Between: 1. AVULA RAMACHANDRAIAH, S/O PENCHALAIAH ,AGED ABOUT 67 YEARS, OCC BUSINESS,R/O .RAMNGAR GATE,PODALAKUR VILLAGE, PODAALAKUR MANDAL,SPSR NELLORE DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT., A.P. 522238. 2. THE DISTRICT COLLECTOR, NELLORE SPSR NELLORE DISTRICT, A.P.524001. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, , PODALAKR MANDAL, SPSR NELLORE DISTRICT, A.P.524345. 4. THE PANCHAYAT SECRETARY, PODALAKUR GRAM PANCHAYAT, PODALAKUR MANDAL, SPSR NELLORE DISTRICT.524345 ...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 or order or direction more particularly a Writ of Mandamus to declare action of the 4th Respondent in initiating proceedings dated. 05.01.2026, whereby and where under the coercive measures such as demolition have been effected in House Assessment No.1679 on the land admeasuring 0.10 Ankanas in Survey NO.502/A/1 situated at Podalakur 2 Village, Podalakur Mandal, SPSR Nellore District and do declare the impugned proceedings issued by the 4th respondent is illegal, arbitrary, violative of Principles of natural justice and violation of the Article-14,21 of the Constitution of India and consequently set aside the impugned notice dated. 05.01.2026 and 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 SUSPEND the impugned proceedings dated. 05.01.2026 issued by the 4th respondent herein, pending the above Writ petition and be pleased to and pass Counsel for the Petitioner: 1. AKKEM SRIHARIVIRAT Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 ORDER: Impugning the proceedings issued by the 4th respondent dated 05.01.2026 and to declare the action of the 4th respondent in trying to dispossess the petitioner from his house assessment No.1679 of the land admeasuring 0.10 Ankanas in Sy.No.502/A/1 situated at Podalakur Village and Mandal, SPSR Nellore District, the present writ petition is filed. 2. Heard Sri Akkem Srihari Virat, learned counsel for the petitioner, Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that the petitioner is the absolute owner of the subject petitioner under gift settlement deed. While so, the 4th respondent issued the impugned proceedings dated 05.01.2026 stating that the petitioner has encroached the government land and to vacate the premises within three days. He further submitted that the Gram Panchayat, without issuing a show cause notice or conducting any enquiry, passed the impugned order and the same is wholly unsustainable and contrary to the settled principles of natural justice. If the said notice is allowed to subsist, it affects the rights of the petitioner, as such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Standing Counsel contended that the petitioner cannot assail the impugned notice by filing a writ petition under 4 article 226 of the constitution of India and if at all this Court comes to a conclusion that the order impugned is unsustainable, a liberty may be given to the Gram Panchayat to take steps in accordance with law. 5. Perused the record and considered the submissions made by the learned counsel. 6. The impugned notice dated 05.01.2026 goes to show that the respondent Gram Panchayat directed the petitioner to remove the encroachments. However, it does not refer to any prior show cause notice asking the petitioner to give explanation or providing any opportunity of being heard. The first and foremost principle of natural justice is what is commonly known as Audi Alteram Partem rule. It says that every person should get a chance of being heard. Notice is the first limb of this principle. It must be precise and unambiguous. It should appraise the party detrementively of the case he has to meet and the time for that purpose should be adequate so as to enable him to make his representation. In the absence of a notice of that kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is but essential that the party should be put on notice of the case before any adverse orders passed. It is one of the most important principles of natural justice. It is after all an approved rule of fair play. Hence, the said law is settled law. In the present case, there is clear violation of principles of natural justice, as no notice has been initiated by the 4th respondent before passing the impugned order. 5 7. As stated supra, the order impugned has been passed in clear violation of Audi Alteram Partem rule, as such, the said order is unsustainable both on facts and law and is liable to be set aside even without inviting any counter. Even after filing counter the order would be the same. 8. Accordingly, the Writ Petition is disposed of by setting aside the impugned order dated 05.01.2026. However, the respondents are not precluded to take steps in accordance with law if so advised/desire. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 08th January, 2026 Note: Issue C.C. by today B/o RKS