APHC010094792026 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: 5183/2026 Between: 1. G. PRATHAP REDDY,, S/O. LATE G. CHINNAPPA REDDY AGED ABOUT 60 YEARS, OCC AGRICULTURE, R/O. H. NO. 5-60, MALLAIAH PALLI VILLAGE, CHANDRAGIRI MANDAL, TIRUPATI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYATH RAJ AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522237. 2. THE DISTRICT PANCHAYATH OFFICER, TIRUPATI DISTRICT, TIRUPATI - 517502. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, CHANDRAGIRI MANDAL, TIRUPATI DISTRICT – 517101 4. THE DORNAKAMBALA GRAM PANCHAYATH, REP. BY ITS SECRETARY, DORNAKAMBALA - 517102 CHANDRAGIRI MANDAL, TIRUPATI 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus, declaring the impugned Notice vide Roc. No. 02, dated 2 18.02.2026 issued by the 4th respondent for demolition of petitioner's residential sheet roofed house property admeasuring 0.13 cents in Sy. No. 1305/1 of Dornakambala Village within the limits of Dornakambala Gram Panchayath of Chandragiri Mandal, Tirupati (Chittoor) District is illegal, arbitrary, ultravires, violation of principles of natural justice and Article 14, 21 and 300 A of the Constitution of India and to consequently set aside the same 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 suspend the operation of the notice vide Roc. No. 02, dated 18.02.2026 issued by the 4th respondent by directing the respondents not to interfere with the petitioner’s residential house property admeasuring 0.13 cents situated in Sy. No. 1305/1 of Dornakambala Village within the limits of Dornakambala Gram Panchayath of Chandragiri Mandal, Tirupati (Chittoor) District pending disposal of the main writ petition Counsel for the Petitioner: 1. G M SWAMULU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: Heard Sri G.M.Swamulu, learned counsel for the petitioner, Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2 and Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 3 and 4. 2. Assailing the notice vide Roc.No.02 dated 18.02.2026 (Ex.P1) issued by the Panchayat Secretary of the 4th respondent, the petitioner filed the above writ petition. 3 3. Learned counsel for the petitioner would contend that the petitioner, after obtaining permission from the 4th respondent, constructed a sheet-roofed house for residential purpose in Sy.No.1305/1, to an extent of Ac.0.13 cents of Dornakambala Village, Chandragiri Mandal, Tirupati District. The said structure was assessed to tax and the petitioner has been paying taxes. The 4th respondent issued the notice impugned under Section 121 of Andhra Pradesh Panchayat Raj Act, 1994 and Section 75 of Urban Development Act, directing the petitioner to remove the structure within seven days, without issuing any prior notice. Learned counsel would further submit that the notice dated 18.02.2026 (Ex.P1), violates the principles of natural justice. 4. Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 3 and 4, on instructions, would submit that the Tahsildar, Chandragiri Mandal, issued proceedings vide Roc.No.A/106/2025 dated 28.10.2025, directed to initiate eviction of encroachments in the water course Poramboke, situated in Sy.No.1305/1 in an extent of Ac.6.06 cents of Chandragiri Village. The 4th respondent issued a notice dated 18.02.2026 (Ex.P1). The authority has not attempted to demolish the structure. 5. A perusal of the instructions would indicate that the petitioner has had the sheet-roofed house in Sy.No.1305/1, and the Gram Panchayat imposed house tax bearing Assessment No.830. 4 6. A perusal of the impugned notice dated 18.02.2026 (Ex.P1), reveals that no show cause notice was issued to the petitioner. Though Ex.P1 is styled as a notice, it is in the form of an order. The Ex.P1, in the opinion of this Court, violates the principles of natural justice and is, accordingly, liable to be set aside. 7. At this juncture, learned counsel for the respondents 3 and 4 would submit that the notice dated 18.02.2026 (Ex.P1) may be treated as a show cause notice. If the petitioner submits an explanation by annexing all the documents, the 4th respondent will consider the same and pass a reasoned order. Learned counsel for the petitioner endorses the same. 8. Given the facts and circumstances of the case, the writ petition is disposed of with the following directions: i. The notice issued by the 4th respondent vide Roc.No.02 dated 18.02.2026 (Ex.P1) shall be treated as a show cause notice. ii. The petitioner shall submit an explanation by annexing all the documents within fifteen (15) days from today. If the petitioner requires any material in the possession of the officials, the petitioner is at liberty to make an application enabling the petitioner to submit a proper explanation. iii. Upon receipt of the explanation, the Panchayat Secretary of the 4th respondent shall conduct an inquiry by giving an opportunity of hearing to the petitioner, and pass a reasoned order. 5 iv. Till a reasoned order is passed, the 4th respondent shall not interfere with the petitioner’s possession of the structure to the extent of Ac.0.13 cents in Sy.No.1305/1 of Dornakambala Village, Chandragiri Mandal, Tirupati District. v. 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 SNI 6 123 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5183 OF 2026 Date: 20.02.2026 SNI