APHC010058742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3350/2026 Between: 1. PEDADA SURYANARAYANA, S/O. LATE APPA RAO, AGED ABOUT 51 YEARS, OCC FARMER, R/O. D.NO.1-05, MAIN VEEDHI, V.R GUDEM VILLAGE, PONDURU MANDAL, SRIKAKULAM DISTRICT- 532402, ANDHRA PRADESH. 2. SUVVARI ASIRI NAIDU,, S/O. RAMULU, AGED ABOUT 66 YEARS, OCC. FARMER, RESIDENT OF D.NO.1-102, MAIN VEEDHI, VENKATTRAYUNI GUDEM, PONDURU MANDAL, SRIKAKULAM DISTRICT-532402. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS. PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATHI, GUNTUR DISTRICT-522238. 2. THE DISTRICT COLLECTOR, SRIKAKULAM, SRIKAKULAM DISTRICT, AP-532001. 3. THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT, AP-532001. 4. THE TAHSILDAR, PONDURU MANDAL SRIKAKULAM DISTRICT- 532168. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PONDURU MANDAL, SRIKAKULAM DISTRICT, AP-532168. Page 2 of 5 SRS,J W.P.No.3350 of 2026 6. V R GUDEM GRAMAPANCHAYAT, REP BY ITS., PANCHAYAT SECRETARY, V.R.GUDEM, PONDURU MANDAL, SRIKAKULAM DISTRICT, AP-532402. 7. THE VILLAGE SURVEY ASSISTANT, VR GUDEM SACHIVALAYAM, VR GUDEM, SRIKAKULAM DISTRICT-532402. 8. THE STATION HOUSE OFFICER, PONDURU POLICE STATION, SRIKAKULAM DISTRICT-532168. ...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 or direction more particularly one in the nature of WRIT OF MANDAMUS questioning the inaction of Respondents Nos.4 to 7 with the assistance of the Respondent No.8 in attempting to remove the House bearing door No. 1-102 along with the Cattle Shed situated in the land admeasuring Ac.0.03 cents in Sy.No.89-19 and 0.09 cents in Sy.No.89-20 situated in V.R. Gudem Village, Pondur Mandal, Srikakulam District belonging to us highhandedly without issuing any notice whatsoever and without following due process of law is arbitrary and discrimination and violation of Art. 14,19 AND 21 of the Constitution of India and consequently direct the Respondents to follow due process of law in the event any removal of structures in the subject land 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 with House bearing door No. 1-102 along with the Cattle Shed situated in the land admeasuring Ac.0.03 cents in Sy.No.89-19 and 0.09 cents situated in V.R. Gudem Village, Ponduru Mandal, Srikakulam District and pass Counsel for the Petitioner(S): 1. PAPUDIPPU SASHIDAR REDDY p. 3 SRS,J W.P.No.3350 of 2026 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: ::ORDER :: Heard Sri P. Sasidhar Reddy, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 3, Ms. Usha, learned Assistant Government Pleader for Revenue for respondents 2, 4 and 7; Sri Y. Koteswara Rao, learned standing counsel for respondents 5 and 6 and learned Assistant Government Pleader for Home, for respondent No.8. 2. The above writ petition was filed to declare the action of respondents 4 to 7 and 8 in attempting to remove the house bearing door No.1-102 along with the Cattle Shed situated in the land of an extent to Ac.0-03 and 0.09 cents in survey Nos.89-19 and No.89-20 respectively, situated in V.R. Gudem Village, Pondur Mandal, Srikakulam District, without issuing any notice, as illegal and arbitrary. 3. Learned counsel for the petitioners would submit that the petitioner No.1 is the absolute owner and possessor of the aforementioned land, where he constructed a small residential house and a cattle shed in a portion of the land and kept the remaining extent vacant. Petitioner No.2, who is close relative of petitioner No.1, has been residing in one of the buildings in the subject land. The petitioners are using the cattle shed for their livelihood. Learned counsel would further submit that when respondent No.6-authority intended to lay a road through the subject land, petitioner No.1 and two others filed W.P.No.2398 of 2026, which was disposed of directing the respondents therein not to interfere with the subject property, without following due process p. 4 SRS,J W.P.No.3350 of 2026 of law. Despite the said order, on 02.03.2026 and 03.03.2026, respondents 4 to 7 with the assistance of respondent No.8 came to the subject property along with men and machinery and attempted to remove the cattle shed behind the residential house, without issuing any notice and following due process of law. 4. Learned standing counsel for respondents 5 and 6, on instructions of Panchayat Secretary of respondent No.6 would submit that the petitioner erected a cattle shed across the road without obtaining permission from the Gram Panchayat and said erection is causing hindrance to the general public. He would submit that respondent No.6 will follow the procedure mandated under Section 58 of the Panchayat Raj Act, 1994 and the rules made thereunder. 5. Given the facts and circumstances of the case, without going into the disputed questions of fact, as to whether the shed erected by the petitioner is on the public road or private property, the writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the learned respondent No.6 to follow due process of law i.e. issuing notice to the petitioners, calling for their explanation and passing a reasoned order after providing an opportunity of hearing to the petitioners. If the respondents intend to conduct survey to identify the encroachment, the petitioners shall cooperate with the respondents. Till an order is passed, the respondents 5 and 6 shall not take any coercive steps in regard to the property mentioned supra. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 04.02.2026 IKN p. 5 SRS,J W.P.No.3350 of 2026 223 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3350 of 2026 Date: 04.02.2026 IKN