APHC010045322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3548] SATURDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 2675/2026 Between: 1. M. VENKATA VIJAYALAKSHMI,, W/O SAMBASIVA RAO AGE 55 YEARS, RIO D.NO. 2-171, APPPAPURAM VILLAGE KAKUMANU MANDAL, GUNTUR DISTRICT 2. K. NARASIMHARAO,, S/O KRISHNAMURTHY AGE 47 YEARS, RIO D.NO. 1-65, APPPAPURAM VILLAGE KAKUMANU MANDAL, GUNTUR DISTRICT 3. S.VENKATESWARLU,, S/O TIRUPATAIAH AGE 57 YEARS, RIO D.NO. 1-62, APPPAPURAM VILLAGE KAKUMANU MANDAL, GUNTUR DISTRICT 4. M.PRASAD,, S/O VENKATESWARLU, AGE 75 YEARS, RIO D.NO. 3- 19, APPPAPURAM VILLAGE KAKUMANU MANDAL, GUNTUR DISTRICT 5. S.SRINIVASA RAO,, S/O TIRUPATHAIAH AGE 59 YEARS, R/O D.NO. 1-63, APPPAPURAM VILLAGE KAKUMANU MANDAL, GUNTUR DISTRICT 6. SADARABOINA TIRUPATAIAH,, S/O RAMESH AGE 58 YEARS, RIO D.NO. 1-64, APPPAPURAM VILLAGE KAKUMANU MANDAL, GUNTUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPT., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT T -R I GUNTUR GUNTUR DISTRICT 2 3. THE DISTRICT PANCHAYAT OFFICER, COLLECTORATE COMPOUND, R AND B QUATRES, GUNTUR, GUNTUR DISTRICT 4. THE TAHSILDAR, APPAPURAM, KAKUMANU MANDAL, GUNTUR DISTRICT 5. THE APPAPURAM GRAMA PANCHAYAT, REP., BY ITS PANCHAYAT SECRETARY APPAPURAM, KAKUMANU MANDAL, GUNTUR DISTRICT ...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 topleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in dispossessing the petitioners by demolishing their houses situated in D.No.2- 171, 1-65, 1-62, 3- 19, 1-63, 1-64 of Appapauram Village, Kakumanu Mandal, Guntur District without following due process of law or initiating any proceedings prescribed under the Andhra Pradesh Panchayat Raj Act, Rules, Government Orders or other applicable statutes is arbitrary, illegal malafidy, ultra-vires, contrary to the principles of natural justice apart from being violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondent not to interfere with the possession of the petitioners from their houses situated in D. No.2-171, 1-65, 1-62, 3-19, 1-63, 1-64 of Appapauram Village, Kakumanu Mandal, Guntur District 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 direct the respondents not to interfere or demolish the houses of the petitioner in any manner situated in D.No.2-171, 1-65, 1-62, 3- 19, 1-63, 1-64 of Appapauram Village, Kakumanu Mandal, Guntur District pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner(S): 1. RAMINENI SUDHEER Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 ORDER: Heard, Sri Vutupalli Rajanna, learned counsel representing Sri Ramineni Sudheer, learned counsel for the petitioners, Sri S. Hruthik, learned counsel representing Sri M. Sudhir, learned Standing Counsel appearing for the 5th respondent, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and learned Assistant Government Pleader for Revenue. 2. The principal grievance of the petitioners in the present Writ Petition is that the respondents are dispossessing the petitioners by demolishing their houses situated at D.No.2-171, 1-65, 1-62, 3-19, 1-63, 1-64 of Appapauram Village, Kakumanu Mandal, Guntur District, without following the due process of law or initiating any proceedings prescribed under the Andhra Pradesh Panchayat Raj Act, Rules, Government Orders or other applicable statutes and the said action of the respondents is arbitrary, illegal and malafide. 3. The learned counsel for the petitioners has drawn the attention of this Court to paragraph No.4 of the affidavit, wherein, it is elicited that no notices were issued to the petitioners before attempting to demolish their houses and that the petitioners and the elders have protested, for which, the respondents have left the place and again, they came back on 28.01.2026 and trying to demolish the houses of the petitioners. 4. The learned Standing Counsel appearing for the 5th respondent has placed on record the written instructions of the Panchayat Secretary, fortifying that the respondent-Gram Panchayat is not interfering with the petitioners’ 4 peaceful possession over the houses situated at D.No.2-171, 1-65, 1-62, 3-19, 1-63, 1-64 of Appapauram Village, Kakumanu Mandal, Guntur District. Since they are not attempting to demolish the petitioners’ houses, no notices were issued to them. 5. As the grievance of the petitioners has been reddressed by the letter said to have been addressed by the Panchayat Secretary i.e., the 5th respondent, stating that the Gram Panchayat is not interfering with the petitioners’ houses as mentioned in the Writ prayer and in view of the written instructions placed before this Court, the Writ Petition is disposed of, directing the respondents not to interfere with or demolish the structures of the petitioners situated at D.No.2-171, 1-65, 1-62, 3-19, 1-63, 1-64 of Appapauram Village, Kakumanu Mandal, Guntur District. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _______________________ TUHIN KUMAR GEDELA, J 31.01.2026 SCH 5 123 THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA W.P.No.2675 of 2026 Date: 31.01.2026 SCH