APHC010085322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4868/2026 Between: 1. PATURI SRIMANNARAYANA, S/OSIMHADRI, AGED ABOUT 59 YEARS, OCC.CULTIVATION, R/O DOOR NO. 3-11/B, NTR NAGAR, BAPULAPADU VILLAGE AND MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.- 522238 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT MACHILIPATNAM. -521002 3. THE TAHSILDHAR, BAPULAPADU MANDAL, KRISHNA DISTRICT. 521105 4. BILLANAPALLI GRAMPANCHAYAT, REP BY IT'S PANCHAYAT SECRETARY, BILLANAPALLI VILLAGE BAPULAPADU MANDAL, KRISHNA DISTRICT.-521105 5. K VENKATESWARA RAO, S/O BASAVASANKARA RAO, AGED ABOUT 46 YEARS, OCC BUSINESS, R/O D.NO. 2-224, BILLANAPALLAI VILLAGE, BAPULAPADU MANDAL, KRISHNA DISTRICT.-521105 ...RESPONDENT(S): p. 2 SRS,J 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents more particularly action of respondent No.4 in issuing order in ROC No. 01/2025 dated ..-01-2026, served to the petitioner on 06-02-2026 directing to vacate the encroachments within seven days without considering the explanation submitted by petitioner and without conducting enquiry, as illegal, arbitrary, against to the principles of natural justice apart from being violative of Article 300-A of the Constitution of India and consequentially direct the respondents not to interfere with possession and enjoyment of petitioner in respect of land admeasuring Ac. 0-50 cents in R.S.No. 78-4 of Billanapalli Village, Bapulapadu Mandal, Krishna 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 pleased to DIRECT the respondents 2 to 4 not to interfere with possession and enjoyment of petitioner in respect of land admeasuring Ac. 0-50 cents in R.S.No. 78-4 of Billanapalli Village, Bapulapadu Mandal, Krishna District by suspending the order in ROC No. 01/2025 dated ..-01-2026 of 4th respondent, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER :: Heard Ms. Ch. Yamini, learned counsel, representing Sri Sreenivasa Rao Velivela, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondent No.1; Ms. Usha, learned Assistant Government Pleader for Revenue, for respondents 2 and 3; Sri Chaitanya, learned counsel representing, Sri Y. Koteswara Rao, p. 3 SRS,J learned standing counsel for respondent No.4 and Sri Narasimha Rao Gudiseva, learned counsel for respondent No.5. 2. Assailing the proceedings issued by the Panchayat Secretary of respondent No.4 vide 01/2025 dated --.01.2026, directing the petitioner to vacate the encroachments within seven days, without considering the petitioner’s explanation and conducting an inquiry, the above writ petition was filed. 3. Learned counsel for the petitioner would submit that, without issuing any notice, the impugned proceedings (Ex.P1) were issued. She would further submit that Tahsildar-respondent No.3 assigned Ac.00-50 cents of land in survey No.78-4, Billanapalli Village, Bapulapadu Mandal, Krishna District, to the petitioner. A copy of the same is filed as Ex.P5. 4. Chaitanya, learned counsel for respondent No.4, would submit that two notices, dated 11.07.2025 and 28.08.2025, were issued to the petitioner. However, the petitioner failed to submit the explanation. Thereafter, Ex.P1, proceedings were issued. 5. Learned counsel for respondent No.5 would submit that respondent No.5 filed W.P.No.15656 of 2025, complaining of encroachment of village tanks in Billanapalli Village, Bapulapadu Mandal, Krishna District. The said writ petition was disposed of on 05.11.2025, and thereafter, Ex.P1, proceedings were issued. 6. As seen from the order, dated 05.11.2025 in W.P.No.15656 of 2025, Ex.P4, a Coordinate Bench of this Court, while disposing of the writ petition, directed the authority as under: “The Gram Panchayat concerned shall take steps for removal of encroachments made in the water tanks situated in survey No.58, 295-2 and 110-1 in accordance with law by issuing show cause notices to all the concerned parties inviting explanation by giving reasonable time and to pass a reasoned order after providing an opportunity of being p. 4 SRS,J heard and communicate the same to all the parties concerned in accordance with law within three (03) months” 7. As seen from the second reference in the impugned proceedings, issued pursuant to the order dated 05.11.2025 in W.P.No.15656 of 2025, two notices dated 11.07.2025 and 28.08.2025 are said to have been issued. However, despite the order, dated 05.11.2025, the Panchayat Secretary of respondent No.4, without conducting any enquiry, issued proceedings impugned, Ex.P1. Thus, the impugned proceedings suffer from a violation of the principles of natural justice. 8. Given the facts and circumstances of the case, this writ petition is allowed, setting aside the proceedings issued by the Panchayat Secretary of respondent No.4 vide 01/2025 dated --.01.2026. The Panchayat Secretary of respondent No.4 shall issue a fresh notice to the petitioner within two weeks from today. Upon receipt of the notice, the petitioner shall submit a proper explanation within two weeks thereafter. After receipt of explanation, if any, the Secretary of respondent No.4 shall pass a reasoned order by providing an opportunity to the petitioner, strictly as per the rules. Till an order is passed, respondent No.4 shall not interfere with the petitioner’s extent of Ac.00-50 cents in R.S.No.78-4, Billanapalli Village, Bapulapadu Mandal, Krishna District. No costs As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 19.02.2026 IKN p. 5 SRS,J THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4868 of 2026 Date: 19.02.2026 IKN