APHC010051262026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3091/2026 Between: 1. KONDURI DURGA NAGESWARAMMA, W/O KODURI VEERABRAHMAM, AGED ABOUT 50 YEARS, R/OD. NO 7-113, NIDAMANURU VILLAGE, NTR DISTRICT, ANDHRA ...PETITIONERPRADESH-521104 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. 2. THE DISTRICT COLLECTOR, BUCKINGHAMPETA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH 520010. 3. 3. THE TAHSILDAR, NIDAMANURU, NTR DISTRICT - 521104 4. 4. GRAM PANCHAYAT, NIDAMANURU VILLAGE, REP. BY ITS SECRETARY, NIDAMANURU, NTR DISTRICT - 521104. 5. 5. DISTRICT PANCHAYAT OFFICER, VIJAYAWADA BYPASS RD, VENKATESWARA NAGAR, MAHENDRA NAGAR, GOLLAPUDI, ANDHRA PRADESH, NTR DISTRICT-521225 ...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 and appropriate Writ, Order or direction, more p. 2 particularly one in the nature of Writ of MANDAMUS or any other writ by declaring the action of the 4th respondent in issuing the impugned demolition order under the guise of notice vide Roc. No. 4/2025-26 dated 23.01.2026 without issuing any show cause notice, without conducting any enquiry and an opportunity of being heard and without following the due process of law as illegal, arbitrary, unjust, untenable and contrary to principles of natural justice besides being violative of Article 21, 300-A of Constitution of India and provisions of A.R Panchayat Raj Act, 1994 and G.O. Ms. No. 188 PR RD Dept. Dated 21.07.2011 and consequently direct the respondent authorities not to interfere with the possession of the petitioner over the subject property bearing D. No 7-113, Nidamanuru Mandal, NTR District by setting the impugned notice vide Roc. NO. 4/2025-26 dated 23.01.2026 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 respondent authorities to not to take any coercive actions against the petitioners subject property and not to interfere with the peaceful possession of the petitioner’s subject property bearing D. No.: 7- 113, Nidamanuru Mandal, NTR District and / or pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case Counsel for the Petitioner: 1. GANTA PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Sri Ganta Prasad, learned counsel for the petitioner; Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, for respondents 1, 2 and 5; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.3 and Sri Chaitanya, p. 3 learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondent No.4. 2. Assailing the notice issued by the Panchayat Secretary of respondent No.4 vide ROC No.4/2025-26 dated 23.01.2026, directing the petitioner to remove the house on the allegations that it was constructed by encroaching upon the burial ground and in dilapidated condition, the above writ petition is filed. 3. Learned counsel for the petitioner would submit that neither a show cause notice was issued nor an opportunity was given to the petitioner before issuance of Ex.P1, notice. He would thus contend that Ex.P1 violates the principles of natural justice. 4. Learned counsel for respondent No.4, on instructions of respondent No.4 would fairly submit that no show cause notice was issued to the petitioner before issuing Ex.P1, notice. Learned counsel would submit that the petitioner may be permitted to submit an explanation, treating the notice, Ex.P1, as a show cause notice. 5. Given the facts and circumstances of the case, keeping this writ petition pending will not serve any purpose. Hence, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side with the following directions: p. 4 i) The notice issued by the Panchayat Secretary of respondent No.4 vide ROC No.4/2025-26 dated 23.01.2026, be treated as a show cause notice. The petitioner shall submit an explanation by annexing all the documents within fifteen days from today. ii) Thereupon, the Panchayat Secretary of respondent No.4 shall conduct an inquiry and pass a reasoned order, duly providing an opportunity of hearing to the petitioner. iii) Till a final order is passed, respondent No.4 shall not interfere with the petitioner’s possession of the subject property. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.02.2026 IKN p. 5 152 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3091 of 2026 Date: 05.02.2026 IKN