APHC010215682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11236/2026 Between: 1. BASAMGARI YEHONU,, S/O GOVINDU, AGED ABOUT 32 YEARS, R/O D.NO 1-161/1, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523157. 2. VAYALA SYAMAL KIRAN BAKU, , C/O VAYALA SIYENU, AGED ABOUT 25 YEARS, R/O D.NO 1-231/1, KRUPA NAGAR, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523157. 3. PALLEKARI CHINNA,, S/O ANKAIALI, AGED ABOUT 25 YEARS, R/O D.NO 1, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523157. 4. KATAMGARI YEDUKONDALU,, S/O MUNAIAH, AGED ABOUT 54 YEARS, R/O D.NO 1, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523157. 5. VAYILA SUSHILA,, W/O VAYILA SURESH, AGED ABOUT 37 YEARS, R/O D.NO 1-2, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523157. 6. BASAMGARI ANKAIAH,, S/O BASAMGARI GOVINDU, AGED ABOUT 34 YEARS, R/O D.NO 40-239, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523157. 7. KATHARI SAMSON,, S/O POLAIAH, AGED ABOUT 24 YEARS, R/O D.NO 1-77, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523157. 8. VAYILA CHINNA JALAIAH,, S/O NAGOOR , AGED ABOUT 46 YEARS, R/O RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATIA DISTRICT, ANDHRA PRADESH - 523157. 9. KURRU TIRUPATHI RAO,, S/O VENKATADRI, AGED ABOUT 30 YEARS, R/O D.NO 1-107A, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH 523157. 10. KATAMGARI SALMON,, S/O YANADI, AGED ABOUT 34 YEARS, R/O D.NO 1, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 11. BASAMGARI LAKSHMI,, W/O GOVINDU, AGED ABOUT 55 YEARS, R/O D.NO 1-161/1, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH – 523157 12. KATARI RAMULU,, S/O VENKATESWARULU, AGED ABOUT 46 YEARS, R/O D.NO 1-97(B), RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 13. YALLAMGARI YANADHAMMA,, W/O BABU, AGED ABOUT 60 YEARS, R/O D.NO 1, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 14. VAYALA RAMANAMMA,, W/O POTHURAJU, AGED ABOUT 56 YEARS, R/O 1-8 IB, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 15. AVALA POLAIAH,, S/O AVALA TATAIAH, AGED ABOUT 43 YEARS, R/O D.NO 6-98B, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 16. KONDURI TIRUPATHAMMA,, W/O KONDURI SRINU, AGED ABOUT 45 YEARS, R/O D.NO 1-224, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 17. PALLEKARI ANJAMMA,, W/O SURESH, AGED ABOUT 40 YEARS, R/O D.NO 1, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. Page 3 of 7 18. YALLAMGARI VENKATA RAMANAMMA,, W/O YELLAMGARI PANAKALU, AGED ABOUT 58 YEARS, R/O D.NO 1, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 19. PONNAPUDI CHINNA MASTHAN,, PEDDA MASTHAN, R/O 1-150, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 20. PALLEKARI DANIYELU,, S/O PALLEKARI JALAIAH, AGED ABOUT 32 YEARS, R/O D.NO 1-73, KRUPA NAGAR, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. 21. VAYALA TIRUPATHAMMA,, W/O GARATAIAH, AGED ABOUT 32 YEARS, R/O D.NO 0, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH – 523157 22. AVULA TIRUMALA RAO,, S/O GOVIND, AGED ABOUT 42 YEARS, R/O D.NO 3-102, RAMAPURAM VILLAGE, AKKAYAPALEM MANDAL, BAPATLA DISTRICT, ANDHRA PRADESH - 523157. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2. THE DISTRICT COLLECTOR, BAPATLA DISTRICT, O/O. COLLECTORATE, NEAR APHRDI BUILDING, VISWA BHRAMANA COLONY, BAPATLA EAST, ANDHRA PRADESH - 522101. 3. THE DISTRICT PANCHAYAT OFFICER, BAPATLA DISTRICT, ANDHRA PRADESH -522101. 4. THE GRAM PANCHAYATH, AKKAYAPALEM GRAM PANCHAYATH, REP BY ITS SECRETARY, AKKAYAPALEM VILLAGE, VETAPALEM MANDALAM, BAPATLA DISTRICT, ANDHRA PRADESH. ...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 writ or order or direction more particularly in the nature of writ of Mandamus by declaring that the action of the respondents in trying to dispossess the petitioners pending consideration of representation dated 30.01.2026 for the Impugned notice dated 23-01-2026 to withdraw the impugned notice not to evict the petitioners from the shops situated in beach side of Ramapuram Village,Vetapalem Mandalam,Akkayapalem Gram Panchayath is illegal, arbitary, violative of Article 14,19,21 and 300A of Constitution of India and consequently to direct the respondents to dispose the representation dated 30-01-2026 and consequently set- aside aforesaid impugned notice dated 23.01.2026 of 4th respondent 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 pass urgent orders to grant stay of the impugned notice dated 23.01.2026 till the respondents dispose the representation dated 30.01.2026 of the petitioners pending disposal of the above writ petition Counsel for the Petitioner(S): 1. SRINIVASULU P Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Sri P.Srinivasulu, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 3, and Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 4th respondent. Page 5 of 7 2. Challenging the notice dated 23.01.2026 (Ex.P1) issued by the Panchayat Secretary of the 4th respondent, the petitioners filed the above writ petition. 3. Learned counsel for the petitioners would submit that the Panchayat Secretary of the 4th respondent issued notice dated 23.01.2026 (Ex.P1), directing the petitioners to produce the documents, if any, of the shops located at Ramapuram Beach within three days. The authority further directed the petitioners to voluntarily remove the shops in the absence of any permission, failing which the authority would remove the shops and recover the expenses. Learned counsel would further submit that the petitioners submitted a reply dated 30.01.2026 (Ex.P2). Learned counsel would also submit that earlier, a provisional notice dated 05.08.2025 (Ex.P3) was issued to the petitioners, to which the petitioners submitted an explanation dated 14.08.2025 (Ex.P4). Thereafter, a notice dated 23.01.2026 (Ex.P1) was issued. Without considering the reply dated 30.01.2026 (Ex.P2), the Panchayat Secretary of the 4th respondent attempted to demolish the shops. 4. Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 4th respondent, would submit that the reply dated 30.01.2026 (Ex.P2), said to have been submitted by the petitioners, was not received in the office of the 4th respondent. He would further submit that the petitioners and some others have erected small shops at Ramapuram Beach without permission, in violation of the Coastal Regulation Zone issued under the Environment (Protection) Act, 1986. Learned counsel would further submit that the authority will consider the reply dated 30.01.2026 (Ex.P2) filed along with the writ petition and pass a reasoned order after affording an opportunity of hearing to the petitioners. 5. Given the facts and circumstances of the case, inviting a counter and keeping the writ petition pending may not serve any purpose and hence the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, directing the Panchayat Secretary of the 4th respondent to consider the reply dated 30.01.2026 (Ex.P2) filed along with the writ petition to the notice dated 23.01.2026 (Ex.P1), and pass a reasoned order after affording an opportunity of hearing to the petitioners. The Panchayat Secretary of the 4th respondent shall complete the exercise as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of the order. Till such time, the Panchayat Secretary of the 4th respondent shall not interfere with the petitioners’ shops or sheds mentioned in Ex.P1. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 27.04.2026 SNI 75 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO:11236 OF 2026 Date: 27.04.2026 SNI