APHC010116832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6193/2026 Between: 1. VASA KOTESWARA RAO, S/O. VASA NARSANNA, AGED ABOUT 57 YEARS, R/O. D.NO.1-207, PALLAPU VEEDHI, ANGARA VILLAGE, KAPILESWARAPURAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ RURAL DEVELOPMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE GRAM PANCHAYAT OF ANGARA, ANGARA VILLAGE, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH, REP BY THE PANCHAYAT SECRETARY 3. THE PANCHAYAT DEVELOPMENT OFFICER, ANGARA VILLAGE GRAM PANCHAYAT, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH 4. THE TAHSILDAR, KAPILESWARAPURAM MANDAL, DR. AMBEDKAR KONASEEMA 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 of Mandamus or any other appropriate writ, order or direction, declaring the action of the Respondents, more particularly, the p. 2 SRS,J Respondent Nos.2 3 in issuing Final Show Cause notice vide R.C.No. 109/2025 dated 24.02.2026 directing the petitioner herein to remove the alleged encroachments to an extent of Ac.0.044 cents in Sy.No.219 of Anghara Village, Kapileswarapuram Mandal, Dr. B.R. Ambedkar Konaseema District (formerly part of East Godavari District) within 10 days from the date of receipt of the notice, without considering the reply dated 02.01.2026 submitted by the petitioner to the initial show cause notice and without affording an opportunity of personal hearing as illegal, arbitrary, against the principles of natural justice, and violative of Articles 14, 21 and 300-A of the Constitution of India and Consequently set aside the impugned notice vide proceedings R.C.No.109/2025 dated 24.02.2026 issued by the Respondent Nos.2 3 and further direct the Respondents herein not to interfere with Petitioners peaceful possession and enjoyment over the subject property bearing Door No. 1-207, admeasuring an extent of Ac.0.03 cents in Survey No.219 situate in Angara Village, Kapileswarapuram Mandal, Dr.B.R.Ambedkar Konaseema District 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 pleased to suspend the operation of Final show Cause notice vide proceedings R.C.No.109/2025 dated 24.02.2026 issued by the Respondent Nos.2 & 3, pending disposal of the above writ petition and pass IA NO: 2 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 pleased to direct the Respondent Nos.2 & 3 not to interfere with the possession, enjoyment and ownership of the Petitioner over the subject property bearing Door No. 1-207, admeasuring 21 an extent of Ac.0.03 cents in Survey No.219 situate in Angara Village, Kapileswarapuram Mandal Konaseema District (Earlier part of East Godavari District) Dr.B.R.Ambedkar pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. N ASHWANI KUMAR p. 3 SRS,J Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Ms. P. Sandhya, learned counsel representing Sri N. Ashwani Kumar, learned counsel for the petitioner; Smt. Naga Chandirka, learned Assistant Government Pleader for Panchayat Raj and Rural Development for respondent No.1; Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned counsel for respondent Nos.2 and 3, and Ms. P. Usha, learned Assistant Government Pleader for respondent No.4. 2. Impugning the proceedings (final show cause notice), issued by Panchayat Development Officer vide R.C.No.109/2025 dated 24.02.2026, directing the petitioner to remove alleged encroachments in an extent of Ac.0.044 cents in survey No.219, Anghara Village, Kapileswarapuram Mandal, Dr. B.R. Ambedkar Konaseema District, the petitioner filed the above writ petition. 3. Learned counsel for the petitioner would submit that the Panchayat Secretary of respondent No.2 issued notice dated 20.12.2025, Ex.P3, for which the petitioner submitted explanation dated 02.01.2026 (Ex.P2). However, the authority, without considering the explanation Ex.P2, issued Ex.P1-proceedings impugned. Learned counsel would submit that the second show cause notice dated 06.01.2026, which is shown at reference No.9 in the impugned proceedings, was not served to the petitioner. 4. Sri Chaitanya, learned counsel for respondent Nos.2 and 3 would submit that the petitioner and others encroached upon the tank bund and made constructions. One Sunkara Krishna filed W.P.(PIL) No.112 of 2025, p. 4 SRS,J and the said PIL was disposed of on 09.07.2025 in terms of the order dated 14.09.2022 in W.P.(PIL) No.140 of 2022. Thereafter, the authorities set the law into motion and issued notices. The house site patta submitted by the petitioner is not available in the office of the Tahsildar. Since the petitioner failed to submit documents, notice (Ex.P1) was issued. 5. A perusal of Ex.P1-notice, impugned in the writ petition, does not indicate the consideration of Ex.P2 explanation submitted by the petitioner. Having received the explanation, the Panchayat Secretary of respondent No.2, should have considered Ex.P2 and passed a reasoned order. Failure on the part of the Panchayat Secretary of respondent No.2 to consider Ex.P2, explanation, Ex.P1 needs to be set aside, on the ground of violation of principles of natural justice. 6. Thus, without going into the other questions, this writ petition is disposed of at the stage of admission. The final show cause notice, dated 24.02.2026-Ex.P1, is hereby set aside. The Panchayat Secretary of respondent No.2 shall consider Ex.P2, explanation submitted by the petitioner; provide an opportunity of hearing, and thereafter pass a reasoned order as expeditiously as possible, preferably within four weeks. Till such time Panchayat Secretary of respondent No.2 shall not interfere with the possession and enjoyment of the structures raised in Ac.0.044 cents of land, in survey No.219, Anghara Village, Kapileswarapuram Mandal, Dr. B.R. Ambedkar Konaseema District No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 07.03.2026 IKN