APHC010085342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4876/2026 Between: 1. KONDAPAVULURI VENKATADRI, S/O SESHAGIRI RAO @ SESHAIAH, AGED ABOUT 52 YEARS, OCC. CULTIVATION, R/O DOOR NO. 2-163, BILLANAPALLI VILLAGE, BAPULAPADU 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. 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): 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 p. 2 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. 0-66 cents in R.S.No. 78-1 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 to DIRECT the respondents 2 to 4 not to interfere with possession and enjoyment of petitioner in respect of land admeasuring Ac. 0-66 cents in R.S.No. 78-1 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 2. GP FOR REVENUE The Court made the following: ::ORDER :: Impugning the proceedings issued by the Panchayat Secretary of respondent No.4 vide ROC.No.01/2025 dated Nil.01.2026 (Ex.P1), the above writ petition was filed. 2. Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioner; Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for respondent No.1; Ms. Usha, learned Assistant Government Pleader for Revenue for the respondents 2 and 3; Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for respondent No.4 and Sri Gudiseva Narasimha Rao, learned counsel for respondent No.5. p. 3 3. Learned counsel for the petitioner would submit that the Panchayat Secretary of respondent No.4 issued two show-cause notices dated 11.07.2025 (Ex.P2) and 28.08.2025 (Ex.P3). The petitioner submitted an explanation on 28.08.2025 (Ex.P4). However, without considering the said explanation, the proceedings impugned dated Nil.01.2026 (Ex.P1), were issued. 4. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for respondent No.4 and Sri Gudiseva Narasimha Rao, learned counsel for respondent No.5, supported the proceedings issued by the Panchayat Secretary of respondent No.4. 5. The point for consideration is: Whether the notice dated Nil.01.2026 (Ex.P1) impugned in the writ petition is legally sustainable? 6. The respondent No.5, earlier filed W.P.No.15656 of 2025, complaining of the encroachments made by the villagers in the tanks situated in Billanapalli Village, Bapulapadu Mandal, Krishna District. The said writ petition was disposed of on 05.11.2025, with the following direction: “The Gram Panchayat concerned shall take steps for removal of encroachments made in the water tanks situated in Sy.No.58, 295-2 & 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 heard and communicate the same to all the parties concerned in accordance with law within three (03) months.” 7. The respondent No.4, before the order dated 05.11.2025 passed in W.P.No.15656 of 2025, issued two show-cause notices. Thereafter, the petitioner submitted his explanation on 28.08.2025 (Ex.P4). In the proceedings impugned, it was noted regarding the issuance of two show- cause notices and the order in W.P.No.15656 of 2025 as the 2nd and 3rd p. 4 references. The explanation dated 28.08.2025 (Ex.P4) submitted by the petitioner was neither referred to nor considered. 8. Having received the explanation from the petitioner, the Panchayat Secretary of respondent No.4 should have considered the explanation after giving an opportunity of hearing to the petitioner as per the directions in W.P.No.15656 of 2025. However, the Panchayat Secretary of respondent No.4, in sheer ignorance of the order dated 05.11.2025, passed in W.P.No.15656 of 2025, issued the proceedings impugned dated Nil.01.2026 (Ex.P1), without considering the explanation submitted by the petitioner dated 28.08.2025 (Ex.P4). 9. In fact, the proceedings impugned dated Nil.01.2026 (Ex.P1) are contemptuous. However, this Court refrains from initiating proceedings under the Contempt of Courts Act. 10. Since the respondent No.4 failed to consider the explanation submitted by the petitioner dated 28.08.2025 (Ex.P4), the proceedings impugned in the writ petition are liable to be set aside on the ground of violation of principles of natural justice. 11. Given the facts and circumstances of the case, the Writ Petition is disposed of. The proceedings issued by the Panchayat Secretary of respondent No.4 vide ROC.No.01/2025 dated Nil.01.2026 (Ex.P1) are hereby set aside. The Panchayat Secretary of respondent No.4 shall consider the explanation submitted by the petitioner dated 28.08.2025 (Ex.P4) by providing an opportunity of hearing and pass a reasoned order, within four (04) weeks from the date of receipt of the copy of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 20.02.2026 TVN p. 5 201 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4876 of 2026 Date: 20.02.2026 TVN