APHC010037552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2256/2026 Between: 1. AMBATI DAIVA KRUPA, W/O. SAMUEL RAJU, AGED ABOUT 40 YEARS, OCCUPATION HOUSE WIFE RESIDING D.NO.1-147, POLICE STATION STREET, KATRENIKONA VILLAGE AND KATRENIKONA MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 2. AMBATI SAMUEL RAJU, , S/O AMBATI VERRIYYA, AGED ABOUT 48 YEARS. OCCUPATION FASTER. RESIDING D.NO. 1-147, POLICE STATION STREET, KATRENIKONA VILLAGE AND KATRENIKONA MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PR AND RD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI 522237 2. THE DISTRICT COLLECTOR AT AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 533222 3. KATRENIKONA GRAMA PANCHAYAT, KATRENIKONA, KATRENIKONA MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, REPD. BY ITS SECRETARY. 533212 ...RESPONDENT(S): p. 2 SRS,J 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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3 respondent in issuing the Notice dated 24.01,2026 directing me to remove the structures in residential house Door No. 1-147, Police Station Street, Katrenikona Village and Katreriikona Mandal, Dr. B.R. Ambedkar Konaseema District within three days, on the assumption that the said structures are located in Government land as illegal, improper, unjust , arbitrary, contrary to law, violation of principles of natural justice and violation of Article 14 and 300-A of Constitution of India and further direct the 3 respondent to drop further proceedings in respect of the above house Door Bearing No. 1-147 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 pleased to stay the Notice dated 24.01.2026 issued by the 3rd respondent in respect of the residential house Door No. 1-147 Police Station Street, Katrenikona Village & & Katrenikona Mandal, Dr. B.R. Ambedkar Konaseema District, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Sri Mahadeva Kanthrigala, learned counsel for the petitioners; Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, for respondent No.1, Sri D. Sanjeeva Rao, learned Assistant Government Pleader for Revenue, for respondent No.2; and Sri Chaitanya, learned counsel p. 3 SRS,J representing Sri Y. Koteswara Rao, learned standing counsel for respondent No.3. 2. Assailing the notice dated 24.01.2026 issued by the Secretary of respondent No.3, the petitioners filed the above writ petition. 3. Learned counsel for the petitioners would contend that the petitioners 1 and 2 are wife and husband. Petitioner No.1 purchased a residential house site with RCC slab bearing door No.3-147, and petitioner No.2 purchased a vacant site situated in R.S.No.299-2A, Katrenikona village and Gram Panchayat, under two registered sale deeds, dated 12.10.2021. Registered documents are filed as Exs.P1 and P2. While the matter stood thus, the Secretary of respondent No.3 issued notice, Ex.P3, to the petitioners alleging encroachment and directed them to remove the structure in three days. Learned counsel would submit that no show cause notice was issued prior to the issuance of the notice impugned, Ex.P3. 4. Learned counsel for respondent No.3, on instructions, would submit that the notice impugned may be treated as a show cause notice. If the petitioners submit the explanation by annexing all the documents, the Secretary of respondent No.3 will consider the same and pass appropriate orders, strictly as per the provisions of the Panchayat Raj Act, 1994 and the Rules made thereunder. p. 4 SRS,J 5. Given the facts and circumstances of the case, the writ petition is disposed of at the admission stage without costs, with the consent of learned counsel on either side, with the following directions: i) The notice impugned in the writ petition be treated as a show cause notice and the petitioners shall submit an explanation by annexing all the documents within two weeks from today. ii) Thereupon, the Secretary of respondent No.3 shall conduct an inquiry and pass a reasoned order, duly providing an opportunity of hearing to the petitioners. iii) Till an order is passed, the Secretary of respondent No.3 shall not interfere with the petitioners’ possession of the subject property. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 27.01.2026 IKN p. 5 SRS,J THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2256 of 2026 Date: 27.01.2026 IKN