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2026 DAILYLAW 17985 (AP)

SUNNAPU CHINNA BABU v. THE STATE OF AP

WP/5709/2026 · 2026-02-26

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010099612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5709/2026 Between: 1. SUNNAPU CHINNA BABU, S/O SUNNAPU GOVINDU, AGE 31 YRS, D.NO 1-117, RAMAPURAM, AKKAYA PALEM KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. PH 9398581308. 2. PALLEKARI PADMA,, W/O YESAIAH, AGED ABOUT 45 YRS, D.NO 1-82B, RAMAPURAM, AKKAYAPALEM KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. 3. SUNNAPU NAGA RAJU,, S/O RAMA LINGAM, AGED 34 YRS, D.NO 1-65, RAMAPURAM, AKKAYA PALEM KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. 4. KATAMGARI JOGESWARA RAO,, S/O KATAMGARI PANDUSWAMY, AGED 36 YRS D.NO 8-65-1, RAMAPURAM, AKKAYA PALEM, KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. 5. SUNNAPU CHENCHAIAH,, S/O TATHARAO, AGED 43 YRS, D.NO 1-36, , RAMAPURAM, AKKAYA PALEM, KOTHA PETA (RURAL), BAPATIA DISTRICT, ANDHRA PRADESH, PIN 523157. PH 7036965349. 6. KONDURU RAMESH,, S/O VENKATESH, AGED 38 YRS, RAMAPURAM, AKKAYA PALEM, KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157, PH 9381120813. Page 2 of 5 SRS,J W.P.No.5709 of 2026 7. KATAMGARI CHITTI BABU,, S/O TATAIAH, AGED 45 YRS, DOOR NO 1, RAMAPURAM, AKKAYA PALEM, KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. 8. SUNNAPU KANAKAIAH,, S/O MOLAKAIAH, AGED 42 YRS. DOOR NO 1-162A, RAMAPURAM, AKKAYA PALEM KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. 9. SUNNAPU YEDUKONDALU,, S/O TIRUPATAIAH, AGED 33 YRS, D.NO 1-120, RAMAPURAM, AKKAYA PALEM, KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. 7780584256. 10. SUNNAPU KUMARI,, W/O SUNNAPU SUBRAMANYAM, AGED 31 YRS, D.NO 00, RAMAPURAM, AKKAYA PALEM, KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. PH 8247533048. 11. VAYILA ANJAIAH,, 48 YRS, RAMAPURAM, VETA PALEM, KOTHAPETA (PART), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. 12. SUNNAPU YEDUKONDALU,, S/O ANKAIAH, D.NO 1-81C, RAMAPURAM, AKKAYA PALEM, KOTHA PETA (RURAL), BAPATLA DISTRICT, ANDHRA PRADESH, PIN 523157. 13. SUNNAPU SRINU, S/O RAMALINGAIAH AGED ABOUT 27 YRS, D. NO 1-65, RAMAPURAM, AKKAYAPALEM, KOTHAPETA RURAL BAPATLA DISTRICT PIN 523157. 14. AVULA GOVINDU, S/O AVULA KONDAIAH. AGED ABOUT 33 YRS, D. NO 1-110A, RAMAPURAM, AKKAYAPALEM, KOTHAPETA, BAPATLA DISTRICT, PIN 523157 ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, AMARAVATI p. 3 SRS,J W.P.No.5709 of 2026 2. DISTRICT COLLECTOR, BAPATLA, NEAR THE APHRDI BUILDING IN VISWABRAHMANA COLONY BAPATLA, ANDHRA PRADESH, 522101. 3. DISTRICT PANCHAYAT OFFICER, BAPATLA, DISTRICT COLLECTORATE, NEAR THE APHRDI BUILDING IN VISWABRAHMANA COLONY, BAPATLA DISTRICT, ANDHRA PRADESH, PIN - 522101 4. SECRETARY, GRAM PANCHAYAT, AKKAYAPALEM PANCHAYAT, VETAPALEM MANDAL, AKKAYAPALEM VILLAGE, BAPATLA DISTRICT, PIN 523157. ...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 an order, direction or writ, more particularly one in the nature of Writ of Mandamus, declaring that the Petitioners are aggrieved by the action of the 4th Respondent by issuing the impugned notice dated 23-01- 2026 to evict the Petitioners from the shops situated in the beach side of ramapuram village, vetapalem mandalam, akkayapalem grama panchayat without issuing the showcause notice is illegal, arbitrary, violative of Article 14, 19, 21 and 300-A of The Constitution of India and consequently set aside the aforesaid impugned notice dated 23-1-2026 of the 4th Respondent and to 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 to consider the representation of the Petitioners dated 11-02-2026 and maintain status quo pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. ANKALLA PRUDHVI RAJ Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV p. 4 SRS,J W.P.No.5709 of 2026 The Court made the following: ORDER Heard Sri Ankalla Prudhvi Raj, learned counsel; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 to 3, and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned standing counsel for respondent No.4. 2. Challenging the notice, dated 23.01.2026, issued by respondent No.4, to remove the shops situated on the beach side of Ramapuram Village, Vetapalem Mandalam, Akkayapalem Grama Panchayat, without issuing a show cause notice, the above writ petition was filed. 3. Learned counsel for the petitioners would submit that the Panchayat Secretary of respondent No.4 issued notice, dated 23.01.2026, directing the petitioners to produce documents, if any, of the shops located at Ramapuram Beach, within three days. The authority further directed the petitioners to remove the shops voluntarily, in the absence of any permission, failing which the authority will remove the shops and recover expenses. Learned counsel for the petitioner would further submit that the petitioners made a representation, dated 02.02.2026, Ex.P3 to respondents 2 and 4. However, without considering the representation – Ex.P3, the authorities recently visited the shops and attempted to demolish them. 4. Learned standing counsel for respondent No.4 submitted the instructions of respondent No.4, wherein it was stated that the petitioners and some others, in violation of Coastal Regulation Zone (‘CRZ’) notification issued under the Environment (Protection) Act, 1986, erected shops at Ramapuram Beach, without obtaining permission. They also obtained the electricity connections by misleading the authorities. p. 5 SRS,J W.P.No.5709 of 2026 5. The learned standing counsel would submit that respondent No.4 will pass a speaking order after considering the explanations/representations, dated 11.02.2026 and 02.02.2026 – Exs.P2 and P3, and by affording an opportunity of hearing to the petitioners. 6. In reply, learned counsel for the petitioners would submit that the petitioners will appear before respondent No.4 on the date fixed and submit further documents in addition to Exs.P2 and P3. 7. Given the facts and circumstances of the case, keeping this writ petition pending will not serve any purpose. Hence, this writ petition is disposed of directing respondent No.4 to pass a speaking order by affording personal hearing to the petitioners by fixing a date and duly considering Exs.P2 and P3. Respondent No.4 shall complete this exercise as expeditiously as possible, preferably within four weeks from the receipt of a copy of the order. Till such time, respondent No.4 shall not interfere with the petitioners’ shops without following due process of law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 27.02.2026 IKN