APHC010171412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9247/2026 Between: 1. KODE RAMA DEVI, W/O. SURYA NARAYANA, AGED ABOUT 59 YEARS, R/O. 17-88, MARLAPALEM VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATI RAJ AND RURAL DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522238. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM-521002. 3. THE DISTRICT PANCHAYAT OFFICER, COLLECTRATE COMPOUND, KRISHNA DISTRICT, MACHILIPATNAM-521002. 4. THE GANNAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYATI SECRETARY, GANNAVARAM, KRISHNA DISTRICT- 521101. 5. EXTENSION OFFICER, PANCHAYAT RAJ DEPARTMENT, GANNAVARAM, KRISHNA DISTRICT-521101 ...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 appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the actions of the respondents under notice dt 23-03-2026 issued under Sec.96 and 98 of A.P.Panchayat Raj act, 1994 calling upon the Petitioner's house as an encroachment on public road is arbitrary, illegal and contrary to the provisions of A.P Panchayat Raj act, 1994 and rules made there under and consequently set aside the notice by directing the Respondents to follow the due process of law by furnishing the survey report, details of encroachment etc. before removal of the Petitioner's house 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 grant stay of all further proceedings including removal of Petitioner’s house bearing D.No.8-203 Assessment No.203088002241 of Gannavaram Village and Mandal, Krishna District, pending disposal of the above writ petition in this Hon’ble court and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 to 3 and Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5. 2. Impugning the notice issued by the Panchayat Secretary of the 4th respondent vide R.C.No…/2025 dated 23.03.2025 (Ex.P1), the petitioner filed the above writ petition. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of a residential house bearing D.No.8-203 with Assessment No.203088002241, situated in Gannavaram Village and Mandal. The Tahsildar issued a house site patta to the petitioner vide RC.No.A/408/91 dated 21.04.1999 in RS.No.314 of Gannavaram Village and thereafter, the petitioner constructed a house and has been residing therein along with her family. 4. Be that as it may, the notice dated 23.03.2025 (Ex.P1) was issued directing the petitioner to remove the alleged encroachment, failing which the authorities would remove the encroached portion and recover the costs from the petitioner. 5. Learned counsel for the petitioner would submit that the notice dated 23.03.2025 (Ex.P1) does not contain the particulars of the alleged encroachment made by the petitioner. The copy of the survey report, mentioned in the notice, was not furnished to the petitioner enabling the petitioner to submit an explanation. 6. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5, submitted the written instructions of the Panchayat Secretary of the 4th respondent. Along with the written instructions, a letter addressed by the Tahsildar vide RC.MIS/7/2026 dated 18.03.2026 to the Panchayat Secretary of the 4th respondent is annexed. A copy of it is handed over to the learned counsel for the petitioner across the bar. 7. A perusal of the proceedings of the Tahsildar would indicate about the report submitted by the Village Revenue Officer, Village Surveyor, Gannavaram and Mandal Revenue Inspector and Mandal Surveyor, Gannavaram dated 17.03.2026 and the joint inspection conducted by the Mandal Revenue Inspector, Mandal Surveyor (Gannavaram), Village Revenue Officer and Village Surveyor Gannavaram etc.,. In the written instructions of the Panchayat Secretary, the date of the Tahsildar proceedings is mentioned as 08.04.2026 instead of 18.03.2026. 8. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5, would submit that the notice dated 23.03.2025 (Ex.P1) may be treated as a show cause notice. If the petitioner submits an explanation, the authority will consider the same and pass appropriate orders. Learned counsel for the petitioner endorses the same. 9. Given the facts and circumstances of the case, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, with the following directions: i) The notice 23.03.2025 (Ex.P1) shall be treated as a show cause notice. ii) The petitioner shall submit an explanation within fifteen days from today by annexing all the documents to the Panchayat Secretary of the 4th respondent. iii) The Panchayat Secretary of the 4th respondent shall consider the same by providing an opportunity of hearing to the petitioner and pass a reasoned order in accordance with law, and communicate the same to the petitioner. iv) Till such a reasoned order is passed, the Panchayat Secretary of the 4th respondent shall not take any coercive steps regarding the petitioner’s possession of the subject property bearing D.No.8-203 with Assessment No.203088002241, situated in Gannavaram Village and Mandal. 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: 08.04.2026 SNI 174 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9247 OF 2026 Date: 08.04.2026 SNI