APHC010049272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3000/2026 Between: 1. PUNYAMANTHULA LOVARAJU, S/O KAMARAJU, AGED ABOUT 48 YEARS, OCCUPATION CULTIVATION, RESIDENT OF DOOR NO. 4-126, PATA MANJERU STREET, KAJULURU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH - 533468. 2. SRI. PUNYAMANTHULA VENKATA RAMANA, S/O SUBBARAYUDU, AGED 55 YEARS, OCC CULTIVATION, D. NO. 4-160 MAIN ROAD, MANJERU, KAJULURU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH - 533468. 3. SRI. PUNYAMANTHULA GOVINDA RAJULU, S/O CHANDRARAO, AGED 51 YEARS, OCCCULTIVATION, RIO D. NO. 5-127 MAIN ROAD, MANJERU, KAJULURU MANDAL KAKINADA DISTRICT, ANDHRA PRADESH- 533468. 4 4. SRI. GANDI VENKATA RAMANA, S/O ANJANEYULU, AGED 41 YEARS, OCC CULTIVATION, RIO D. NO. 4-1003/1 MAIN ROAD, MANJERU, KAJULURU MANDAL KAKINADA DISTRICT, ANDHRA PRADESH- 533468. 5. 5. SRI. GANDI SURYA PRAKASH RAO, S/O APPALARAJU, AGED 65 YEARS, OCC CULTIVATION, RIO D. NO. 4-107 MAIN ROAD, MANJERU, KAJULURU MANDAL KAKINADA DISTRICT, ANDHRA PRADESH- 533468. 6. 6. SRI. GANDI VENKATA RAMANA,, S/O KAMARAJU, AGED 49 YEARS, OCCCULTIVATION, RIO D. NO. 5-17, PATHA MANJERU VEEDHI p. 2 7. SRI. PUNYAMANTHULA APPANNA,, S/O RAMAKRISHNA, AGED 46 YEARS, OCC CULTIVATION, RIO D. NO. 4-431, MAIN ROAD, MANJERU, KAJULURU MANDAL KAKINADA DISTRICT, ANDHRA PRADESH -533468. 8. 8. SRI. PUNYAMANTHULA RAMAKRISHNA, S/O APPANNA, AGED 72 YEARS, OCC CULTIVATION RIO D. NO. 4-112, MAIN ROAD, MANJERU, KAJULURU MANDAL KAKINADA DISTRICT, ANDHRA PRADESH - 533468. 9. 9. SRI. PUNYAMANTHULA SUBBARAO, S/O APPANNA, AGED 64 YEARS, OCC CULTIVATION, RIO D. NO. 4-119, MAIN ROAD, MANJERU, KAJULURU MANDAL KAKINADA DISTRICT, ANDHRA PRADESH- 533468. 10. SRI. GANDI NAGESWARARAO, S/O BAGIRAJU, AGED 65 YEARS, OC CULTIVATION, RIO D. NO. 5-115 MAIN ROAD, MANJERU, KAJULURU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH - 533468. ...PETITIONER(S) AND 1. THE STATE OF AP, J REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, TULLURU, GUNTUR DISTRICT, ANDHRA PRADESH. 2. 2. THE DISTRICT PANCHAYAT OFFICER, KAKINADA DISTRICT, ANDHRA PRADESH. 3. 3. THE DISTRICT COLLECTOR, BESIDE DISTRICT LIBRARY, MAIN ROAD KAKINADA DISTRICT, ANDHRA PRADESH. 4. 4. MANJERU GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY,MANJERU VILLAGE, KAJULURU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH. ...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 impugned notices issued by the 4th Respondent, branding the Petitioners as encroachers and directing them to vacate the subject land, as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and in blatant violation of the order dated 21-08-2025 p. 3 passed in W.P. No.22040 of 2025 and consequently set aside the impugned notices and further direct the Respondent authorities to strictly comply with the directions issued by this Honble Court in W.P. No.22040 of 2025 by conducting a proper physical survey and demarcation after due notice to the Petitioners and by passing a reasoned speaking order 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 suspend the operation of the impugned notices dated: 19-01-2026 issued by the 4th Respondent, whereby the Petitioners are branded as encroachers and directed to vacate the subject land, as the same is ex facie illegal, arbitrary and issued in blatant violation of the order dated 21-08-2025 passed by this Hon'ble Court in W.P. No. 22040 of 2025 pending disposal of the Writ Petition and further direct the Respondent authorities to strictly maintain status-quo as on the date of filing of the present Writ Petition, in terms of possession and enjoyment of the subject land by the Petitioners and pass IA NO: 2 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 permit the Petitioners to amend the cause title of the Writ Petition by substituting the description of the 4^^ Respondent as “Manjeru Gram Panchayat, Represented by its Panchayat Secretary, Manjeru Village, Kajuluru Mandal, Kakinada District, Andhra Pradesh.” in the interest of justice, and pass Counsel for the Petitioner(S): 1. SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: p. 4 ::ORDER :: Heard Sri M. Sri Vijay, learned counsel for the petitioners; Sri P. Rajesh Kumar, learned Assistant Government Pleader for respondents 1 and 2; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.3 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondent No.4. 2. The petitioners filed the above writ petition challenging the notices, dated 19.01.2026 issued by Secretary of respondent No.4 whereby they were directed to remove the encroachment in seven days, failing which the encroachments will be removed as per Section 58 of the Andhra Pradesh Panchayat Raj, Act, 1994 and the Rules made thereunder. 3. Learned counsel for the petitioners would contend that earlier when the authorities issued a show cause notice dated 06.08.2025 alleging that the petitioners encroached upon graveyard the petitioners filed W.P.No.22040 of 2025 and the same was disposed of directing the petitioners to submit an explanation along with supporting documents to substantiate their claim of longstanding possession over the extents of the lands indicated in the notices. Thereafter, the authority was directed to consider the explanations, and if necessary, to conduct a detailed survey and demarcation in accordance with the procedure and pass a reasoned order. Learned counsel would further contend that despite the order, dated 21.08.2025 in W.P.No.22040 of 2025, no survey was conducted. To the notice issued by respondent No.4, the petitioners submitted the explanation, dated 23.12.2025. However, without considering the explanation, the notice impugned was issued. 4. Learned standing counsel would submit that the petitioners encroached upon the extents mentioned in the notices, in survey No. 207 out of an extent of Ac.3-40 cents of land, Manjeru Village, Kajuluru Mandal, Kakinada District, classified as burial ground. He would submit that in pursuance of the order, dated 21.08.2025 in W.P.No.22040 of 2025, the Mandal Surveyor and Grama p. 5 Revenue authorities tried to serve notices dated 17.10.2025 and 28.10.2025 on all the boundary neighbours. However, the petitioners refused to receive the same. Thereafter, a notice, dated 13.12.2025 was sent through registered post and a survey was conducted on 18.12.2025, in the presence of two recipients of the notices. The land of an extent of Ac.3-40 cents in survey No.207 was identified, survey stones were planted and thereafter, a report was submitted to the Tahsildar. Subsequently, the notices impugned in the writ petition were issued. 5. In reply, learned counsel for the petitioners disputed the survey that was conducted. At this juncture, learned counsel for respondent No.4 submitted that the notice, dated 19.01.2026, impugned in this writ petition, be treated as show cause notice and if the petitioners submit an explanation, respondent No.4 will consider the same and pass appropriate orders, strictly as per the Rules. 6. Learned counsel for the petitioner endorses the same. 7. Given the facts and circumstances of the case, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side directing the petitioners to submit explanations to the notices impugned, treating the notices as show cause notices, within fifteen days from today. Upon receipt of such explanations, the learned respondent No.4 shall conduct inquiry and pass a reasoned order, after giving an opportunity to the petitioners. Till an order is passed, respondent No.4 shall not take any coercive steps in respect of the extents mentioned in the notices impugned, in this Writ Petition. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.02.2026 IKN p. 6 428 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3000 of 2026 Date: 09.02.2026 IKN