APHC010119462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6464/2026 Between: 1. VEERANKI SRI SAI LALITESH, S/O. VENKATESWARARAO, AGED 47 YEARS, OCC AGRICULTURE, R/O. 1-123, KRISHNAPURAM, PAMIDIMUKKALA, KRISHNA DISTRICT-521250. 2. MANTADA SIVA SANKARARAO, S/O. SURYANARAYANA, AGED 43 YEARS, OCC AGRICULTURE, R/O. 1-192, KRISHNAPURAM, KRISHNA DISTRICT - 521250. 3. VEEMULA VEERA SRINIVASARAO, S/O. MUNIYYA, AGED 38 YEARS, OCC AGRICULTURE, R/O. KRISHNAPURAM, KRISHNA DISTRICT - 521250, 4. MIRZA GAFOOR ALI, S/O. MIRZA ABBAS ALI, AGED 42 YEARS, OCC MECHANIC, R/O. KRISHNAPURAM, KRISHNA DISTRICT – 521250 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT. VELGAPUDI, AMARAVATHI - 522237. 2. THE DISTRICT PANCHAYAT OFFICER, KRISHNAPURAM, PAMIDIMUKKALA MANDAL KRISHNA DISTRICT - 521250. 3. THE KRISHNAPURAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, 2 ...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 particularly one in the Writ of Mandamus declaring the highhanded action of the 3rd respondent in evicting the petitioners vide eviction order of notices dt. 17.12.2025 and as well as 20.02.2026 from the residential house bearing Door No. 1-123 belonging to the 1st petitioner and the residential house bearing Door No. 1-192 belonging to the 2nd petitioner and the petty shops belonging to the petitioners 3 and 4 situated at road margin of R and B road and the tank margin site of Krishnapuram village, Pamidimukkala, Krishna District, without giving any notice is as illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and also Section 98 of A.P. Gram Panchayat Act, 1994 and consequently direct the 3rd respondent not to evict the petitioners from the respective residential houses and shops by setting aside the eviction order of notices dt. 17.12.2025 and also 20.02.2026 issued by the 3rd respondent 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 on the eviction order of notices dt. 17.12.2025 and proceedings as well as 20.02.2026 pending writ petition in this Hon'ble court and pass Counsel for the Petitioner(S): 1. S LAKSHMINARAYANA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: :: ORDER :: Heard Sri S.Lakshminarayana Reddy, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2 and Sri 3 Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent. 2. The Panchayat Secretary of the 3rd respondent issued an Encroachment Notice dated 17.12.2025 (Ex.P2) to the petitioners, directing them to remove the encroachments within a period of seven days from the date of receipt of the notice. Thereafter, the Panchayat Secretary of the 3rd respondent issued Encroachment Notice-2 dated 20.02.2026 (Ex.P1). In the Encroachment Notice-2, it was mentioned that despite the issuance of the Encroachment Notice dated 17.12.2025 (Ex.P2), the petitioners failed to remove the encroachments. If the petitioners fail to remove the encroachments, necessary action would be initiated as per the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, and further initiate prosecution proceedings etc., 3. Learned counsel for the petitioners would contend that the petitioners have been in possession and enjoyment of the subject property for a long time, and have been paying taxes to the Gram Panchayat. The Electricity Department has also released the power supply, and the petitioners have been paying the consumption bills. He would further submit that without issuing a show cause notice, the notices impugned, in the form of an order, were issued to the petitioners. 4. Per contra, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent, would 4 submit that the Encroachment Notice-2 dated 20.02.2026 (Ex.P1), be treated as a show cause notice. If the petitioners submit an explanation, the Panchayat Secretary of the 3rd respondent will consider the same and pass appropriate orders, if necessary, by giving an opportunity of hearing to the petitioners. 5. 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 Encroachment Notice-2 dated 20.02.2026 (Ex.P1) shall be treated as a show cause notice. ii) The petitioners shall submit their explanation within fifteen days from today by annexing all the documents to the Panchayat Secretary of the 3rd respondent. iii) The Panchayat Secretary of the 3rd respondent shall consider the same by providing an opportunity of hearing to the petitioners and pass a reasoned order in accordance with law. iv) The Panchayat Secretary of the 3rd respondent shall complete the entire exercise within a period of six (06) weeks from today. v) Till such a reasoned order is passed, the Panchayat Secretary of the 3rd respondent shall not take any coercive steps regarding the petitioners’ possession over the subject property. 5 vi) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.03.2026 SNI 6 92 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6464 OF 2026 Date: 09.03.2026 SNI