APHC010058222026 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: 3535/2026 Between: 1. GONDI PARANDHAMAIAH, S/O BABU RAJENDRARAO, AGED ABOUT 55 YEARS, MALE, OCCUPATION CULTIVATION, RESIDENT OF D.NO.2-100, DAVAJUGUDEM, BUDDAVARAM VILLAGE-521101, GANNAVARAM MANDAL, KRISHNA DISTRICT. (MOBILE NO.9490743593). ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI-522237, GUNTUR DISTRICT, A.P. 2. THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA DIVISION, MAIN ROAD GUDIVADA-521301,KRISHNA DISTRICT. 3. THE BUDDAVARAM GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY BUDDAVARAM VILLAGE-521101, GANNAVARAM MANDAL, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, , COLLECTOR OFFICE, MACHILIPATNAM-52100 1, KRISHNA DISTRICT. 5. THE REVENUE DIVISIONAL OFFICER, GUDIVADA DIVISION, MAIN ROAD, GUDIVADA- 521301, KRISHNA DISTRICT. Page 2 of 6 SRS,J W.P.No.3535 of 2026 6. THE MANDAL REVENUE OFFICER, GANNAVARAM MANDAL, MAIN ROAD, GANNAVARAM-521101, KRISHNA 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 an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring an action of the respondents more particularly respondent No.3 trying to encroach and disposes me from my agricultural land bearing R.S.No.3-1, admeasuring Ac.01.00 cents of buddavaram village, gannavaram mandal, Krishna district is illegal, arbitrary, unconstitutional and violation of guidelines of Hon'ble Supreme Court of India in SLR (Civil) No.8519 of 2006, dated 18.01.2013 violation of principles of natural justice violation of Article 14 and 21 of the Constitution of India violation of section.59 of the Andhra Pradesh Panchayat Raj Act, 1994 and consequently to direct the respondents not to interfere in any way with my peaceful possession and enjoyment of agricultural land bearing R.S.No. 3-1, admeasuring Ac.01.00 cents of buddavaram village, gannavaram mandal, Krishna district and not to make any constructions in my agricultural land pending disposal of the writ petition 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 in any way with my peaceful possession and enjoyment of my agricultural land bearing R.S.No. 3-1, admeasuring Ac.01.00 cents of buddavaram village, gannavaram mandal, Krishna district and not to make any constructions on either side of my agricultural land pending disposal of the writ petition and pass Counsel for the Petitioner: 1. MULLAPUDI SATYANARAYANA p. 3 SRS,J W.P.No.3535 of 2026 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Sri M. Satyanaryana, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for respondents 1 and 2; Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondent No. 3; and Ms P. Usha, learned Assistant Government Pleader for Revenue, for respondents 4 to 6. 2. The above writ petition was filed to declare the action of respondent No.3 in trying to dispossess the petitioner from the agricultural land of an extent of Ac.1-00 in R.S.No.3-1, Buddavaram Village, Gannavaram Mandal, Krishna District, without issuing any notice, as illegal and arbitrary. 3. Learned counsel for the petitioner would contend that the petitioner is the absolute owner of the aforementioned land, having devolved upon him by way of a registered partition deed, dated 23.02.1984. While so, respondent No.3, without issuing any notice, is trying to dispossess the petitioner from the subject property. 4. Learned counsel for respondent No.3 would submit that earlier, a notice was issued to the petitioner vide ROC No.157/2024 dated 22.10.2024, p. 4 SRS,J W.P.No.3535 of 2026 directing him to remove the encroachment, and thereafter, a final order was also passed. However, the said order is not placed before this Court. 5. A copy of the notice dated 22.10.2024 is placed before the Court. 6. A perusal of the notice would indicate that the petitioner raised an asbestos shed and constructed a compound wall by encroaching upon land to an extent of Ac.00-10 cents in R.S.No.2. The said construction is obstructing the free flow of water in Budameru vagu. Hence, the petitioner was directed to remove the encroachment within seven days. 7. Learned counsel for the petitioner pleaded ignorance of the notice, dated 22.10.2024, issued by the Panchayat Secretary. 8. At this juncture, learned counsel for respondent No.3 submitted that respondent No.3 will issue a fresh notice and set the law into motion. 9. Given the facts and circumstances of the case, without going into the disputed question of fact regarding service of earlier notice vide ROC No.157/2024 dated 22.10.2024 on the petitioner, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the learned respondent No.3 to issue a fresh show cause notice to the petitioner pointing out the encroachment. If necessary, respondent No.3 shall request the revenue authorities to conduct a survey to identify the p. 5 SRS,J W.P.No.3535 of 2026 encroachment. Upon receipt of a show cause notice, the petitioner shall submit an explanation by annexing relevant documents, if any. Thereafter, respondent No.3 shall conduct an enquiry and pass a reasoned order strictly as per the Law. Till an order is passed, respondent No.3 shall not take any coercive steps in respect of the subject property, without following due process of law. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.02.2026 IKN p. 6 SRS,J W.P.No.3535 of 2026 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3535 of 2026 Date: 09.02.2026 IKN