APHC010140832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8851/2026 Between: 1. ADABALA SATYANARAYANA @ SATHIPANDU, S/O. SURYARAO, AGED ABOUT 80 YEARS, 2-34, KALUVA GATTU, MULIKIPALLI, RAZOLE MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH-533 248. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT-522 237 2. THE DISTRICT COLLECTOR, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM-533 201 3. THE ASSISTANT ENGINEER, IRRIGATION SECTION, WATER RESOURCE DEPARTMENT, TATIPAKA, RAZOLE MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT-533 242 4. THE TASILDAR, RAZOLE MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT-533 242 5. THE MULIKIPALLI GRAM PANCHAYAT, REP. BY ITS SECRETARY, MULIKIPALLI, RAZOLE MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT-533 242 ...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 nature of Writ of Mandamus, declaring the highhanded action of the respondents more particularly Respondent No.5 in issuing the impugned notice dated 28.02.2026 in proposing to demolish my subject property admeasuring of an extent of 75 sq.yrds. in survey no 22- 1(LPM44) situated in Mulikipalli village, Razole Mandal, Dr. B.R. Ambedkar Konaseema District,as illegal, arbitrary and unjust, contrary to law and violative of Principles of Natural Justice and Articles of 14, 19, 21 and 300A of Constitution of India and consequently set-aside the impugned notice dated 28.02.2026 and direct the respondents not to interfere with my peaceful possession and enjoyment of subject property admeasuring of an extent of 75 sq.yrds. in survey no. 22-1(LPM 44) situated at Mulikipalli village, Razole Mandal, Dr. B.R. Ambedkar Konaseema District in the interest of justice 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 to grant stay of all further proceedings pursuant to the impugned notice dated 28.02.2026 issued by the Respondent No.5 to me proposing to demolish the subject property admeasuring of an extent of 75 sq.yrds in survey no 22- 1(LPM:44) situated at Mulikipalli village, Razole Mandal, Dr. B.R. Ambedkar Konaseema District pending disposal of the above Writ Petition in the interest of justice 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 to direct the respondents not to demolish the structures in the subject property admeasuring of an extent of 75 sq.yrds in survey no 22-1(LPM:44) situated at Mulikipalli village, Razole Mandal, Dr. B.R. Ambedkar Konaseema District pending disposal of the above Writ Petition in the interest of justice and pass Counsel for the Petitioner: 1. M SRI ATCHYUT Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: ::ORDER :: Assailing the notice dated 28.02.2026, issued by the Panchayat Secretary of respondent No.5, the above writ petition was filed. 2. Heard Sri M. Sri Atchyut, learned counsel for the petitioner, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondents 1 & 2, Sri A. Narasingarao, learned Assistant Government Pleader for Irrigation appeared for respondent No.3, Sri Bhagat Singh, learned Assistant Government Pleader for Revenue appeared for respondent No.4 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel appeared for respondent No.5. 3. Learned counsel for the petitioner would submit that the petitioner has been in possession and enjoyment of the land admeasuring 75 Square Yards in Sy.No.22-7 (LPM:44) situated at Mulikipalli, Razole Mandal, for three decades and running a cycle shop. The Panchayat Secretary of respondent No.5 issued the notice impugned and directed the petitioner to remove the structure; otherwise, the authority will remove the structure as per G.O.Ms.No.198, dated 21.07.2011. 4. Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned Standing Counsel appearing for respondent No.5, would submit that the notice impugned was issued pursuant to the letter addressed by the Assistant Engineer, Irrigation Section, Razole. Learned counsel would fairly submit that the notice impugned be treated as a show-cause notice. If the petitioner submits an explanation, respondent No.5 will consider the same and pass appropriate orders. 5. Given the facts and circumstances of the case, keeping the writ petition inviting a counter-affidavit will not serve any purpose, and the Writ Petition is disposed of with the following directions: (i) The notice impugned, dated 28.02.2026 (Ex.P1) be treated as a show cause notice. (ii) The petitioner shall submit an explanation, by annexing all the relevant documents, within 15 days from today. Thereafter, the learned respondent No.5 shall consider the explanation and pass a reasoned order by providing an opportunity of hearing to the petitioner and communicate the same to the petitioner. (iii) Till an order is passed, the Panchayat Secretary of respondent No.5 shall not take any coercive steps pursuant to Ex.P1 notice dated 28.02.2026. (iv) The Panchayat Secretary of respondent No.5 shall complete the exercise, as expeditiously as possible, preferably within eight (08) weeks. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 07.04.2026 TVN 167 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8851 of 2026 Date: 07.04.2026 TVN