APHC010056682026 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: 3340/2026 Between: 1. CHALLAMALLA UDAYA CHANDRA, S/O. CH. NARASIMHA RAO, R/O. D.NO. 18-367, RAJAHMUMDRY RURAL DAVALESWARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE DISTRICT COLLECTOR, RAJHMUNDRY, EAST GODAVARI DISTIRCT PIN 533101. 3. THE DAVALESWARAM GRAMPANCHAYAT, REP. BY ITS SECRETARY, DAVALAVESWARAM, RAJHMUNDRY RURAL, EAST GODAVARI DISTRICT. PIN 533124 ...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 an appropriate Writ / Order direction more particularly one in the nature of writ of Mandamus to declaring the action of the 3rd respondent issued Notice No. 42/2026 dated 30.01.2026 for marking and to demolish the property of the petitioner house within 3 days in D.No. 18-367, Davaleswaram Village, East Godavari District, without considering the petitioners reply to the notice dated 31.01.2026 is illegal, arbitrary and unconstitutional and also violation of the Articles 14,21 and 300-A of Constitution of India and 2 consequently set a side the Notice dated 31.01.2026 by the 3rd respondent and 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 to suspend the Notice No. 42/2026 dated 30.01.2026 issued by the 3rd respondent pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. G A LAKSHMI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: Heard Sri G.N.V.Pulla Rao, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2 and Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent. 2. Impugning the notice vide No.42/2026 dated 30.01.2026 (Ex.P1), issued by the 3rd respondent, directing the petitioner to remove the alleged encroachment within three days, the above writ petition was filed. 3. Learned counsel for the petitioner would submit that the 3rd respondent issued a patta vide Patta No.BA-55 of 2021 dated 15.04.2021 to the petitioner. However, the patta was not filed along with this writ petition. He also would submit that the Mandal Revenue Officer issued a Possession Certificate vide 3 D.Dis.No.(B)108 dated 31.03.1999. A copy of the Possession Certificate is filed as Ex.P3. The petitioner made a complaint before the Grievance Cell on 30.09.2024, requesting the removal of a board and a cross. Thereafter, the petitioner approached the National Human Rights Commission, and the National Human Rights Commission, in turn, directed the 2nd respondent to look into the matter. 4. Be that as it may, the 3rd respondent issued the notice dated 30.01.2026 (Ex.P1), without conducting any inquiry or issuing any prior show cause notice. 5. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent, would submit that the notice dated 30.01.2026 (Ex.P1), impugned be treated as a show cause notice. If the petitioner submits an explanation, the 3rd respondent will consider the same and pass appropriate orders. Learned counsel disputed the explanation filed along with the writ petition Ex.P2. 6. In reply, learned counsel for the petitioner would submit that the petitioner will submit a fresh explanation by annexing all the documents. 7. Given the facts and circumstances of the case, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, with the following directions: i) The notice dated 30.01.2026 (Ex.P1) shall be treated as a show cause notice. 4 ii) The petitioner shall submit an explanation within fifteen days from today by annexing all the documents to the 3rd respondent. iii) The 3rd respondent shall conduct an inquiry by providing an opportunity of hearing to the petitioner and pass a reasoned order in accordance with law. iv) Till such a reasoned order is passed, the 3rd respondent shall not interfere with the petitioner’s possession of the property bearing D.No.18-367, Davaleswaram Village, East Godavari District. v) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.02.2026 SNI 5 156 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3340 OF 2026 Date: 05.02.2026 SNI