APHC010127682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6719/2026 Between: 1. CHALLAMALLA UDAYA CHANDRA, S/O NARASIMHA RAO, AGED 47 YEARS, OCC. PRIVATE EMPLOYEE, R/O. OLD NUMBER 18-367, NEW NUMBER. 101-18-367, DAWALESHWARAM, RAJAHMUNDRY RURAL, EAST GODAVARI DISTRICT-533124. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522238 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522238. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, NH-16 SERVICE ROAD, TADEPALLE, GUNTUR DISTRICT-522501. 4. THE DISTRICT COLLECTOR, OPP HORLICKS FACTORY, DOWLESWARAM, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT-533124 5. THE DISTRICT PANCHAYAT OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT-533124. Page 2 of 10 6. THE MANDAL REVENUE OFFICER, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT-533124. 7. THE DOWLESWARAM GRAMA PANCHAYAT, REP BY ITS SECRETARY, OPP GOVERNMENT JUNIOR COLLEGE, DOWLESWARAM, RAJAHMUNDRY RURAL-533125. 8. THE ASSISTANT ENGINEER, APEPDCL, SUBSTATION, OPP OF DOWLESWARAM BARRAGE, AGRAHARAM, DOWLESHWARAM RAJAHMUNDRY RURAL-533125. 9. THE STATION HOUSE OFFICER, DOWLESWARAM POLICE STATION, RADHAM VEEDHI, DOWLESWARAM RAJAHMUNDRY RURAL-533125. ...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 a writ, order or direction more particularly a writ of mandamus, declaring the action of the Respondents, particularly the 7th respondent, in issuing the final order dated 26.02.2026 alleging unauthorized construction to an extent of 4.2 Sq.meters in the petitioner's house bearing D.No 18-367 old, new door number 101-18-367, situated at Dawaleshwaram Village, Rajahmundry Mandal, East Godavari District, and further attempting to demolish the petitioner's residential house without conducting any proper survey, without issuing notice for personal hearing, and in clear violation of the directions issued by this Hon'ble Court in Wp No 3340 of 2026dated 05.02.2026, as illegal, arbitrary, malafide violative of Principles of natural justice and abuse of power, and consequently set aside the final order dated 26.02.2026 issued by the 7th respondent, consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the house property bearing D.No. 18-367 old, new 101-18- 367, Situated at Dawaleshwaram village, Rajahmundry Rural Mandal, East Godavari District, further direct initiation of departmental action along with criminal proceedings on 7th , 9th, 6th, 8th respondents officials who have illegally visited the petitioner's house during midnight hours and attempted demolition of the petitioner's house and demolished the steps of the petitioner's house in violation of the orders of this Hon'ble Court, and for acting in abuse of their official powers. p. 3 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 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 to direct the 8th Respondent to immediately restore the electricity connection to the petitioner’s residential house, which was illegally disconnected during midnight hours on 09.03.2026, without issuing any notice and pass Counsel for the Petitioner: 1. GUNDA GOPI KRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following order : Heard Sri Gunda Gopi Krishna, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj for respondents 1 and 3 to 5; Ms. P. Usha, learned Assistant Government Pleader for Revenue for respondents 2 and 6 Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondent No.7; Sri V.V. Satish, learned counsel for respondent No.8 and learned Assistant Government Pleader for Home, for respondent No.9. 2. Assailing the final order, dated 26.02.2026 (Ex.P1) issued by respondent No.7, alleging unauthorised construction in an extent of 4.2 square meters at D.No.101-18-367 (old D.No.18-367), situated at Dawaleshwaram p. 4 Village, Rajahmundry Mandal, East Godavari District, the petitioner filed the above writ petition. 3. A notice was issued to the petitioner vide No.42/2026 dated 30.01.2026, pointing out unauthorised construction made by the petitioner and the markings given by the Mandal Surveyor. Assailing the said notice, the petitioner filed W.P.No.3340 of 2026, and the same was disposed of on 05.02.2026, directing the petitioner to submit an explanation to the said notice, treating it as a show-cause notice, apart from other directions. Thereafter, the petitioner submitted an explanation (Ex.P6) on 18.02.2026. Upon receipt of the explanation, the Panchayat Secretary of respondent No.7 passed the impugned order. 4. Learned counsel for the petitioner would submit that the Panchayat Secretary of respondent No.7 failed to adhere to the directions given in W.P.No.3340 of 2026. Learned counsel would submit that without affording an opportunity of hearing to the petitioner pursuant to Ex.P6, and without giving breathing time pursuant to Ex.P1, the Panchayat Secretary of respondent No.7 demolished the staircase. 5. Learned counsel for respondent No.7 would fairly submit that the Panchayat Secretary of respondent No.7 failed to afford an opportunity of hearing to the petitioner. He would submit that a notice will be issued to the petitioner fixing the date of hearing, and thereafter a fresh order will be passed by considering the petitioner’s explanation dated 18.02.2026. 6. The point for consideration is whether the final order, dated 26.02.2026 (Ex.P1) issued by the Panchayat Secretary of respondent No.7, is legally sustainable? 7. Shorn of all the details, the then Mandal Revenue Officer issued a possession certificate vide D.Dis (B)1008/95 dated 31.03.1999 (Ex.P2) in p. 5 respect of 72 square yards in survey No.47/1, Yerrakonda area, Dawaleswaram. Thereafter, the petitioner made an application to the local authority as per the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, seeking permission to construct the building, which was sanctioned vide B.A.No.55 of 2021 dated 15.04.2021 (Ex.P11). Subsequently, the petitioner constructed a house and the same was assessed to tax. The petitioner has been paying tax, as seen from Ex.P9. 8. Be that as it may, a notice dated 30.01.2026 (Ex.P5) was issued to the petitioner, pointing out unauthorised construction and the markings given by the Mandal Surveyor. Impugning the same, the petitioner filed W.P.No.3340 of 2026 and pursuant to the disposal of said writ petition, the petitioner submitted an elaborate explanation (Ex.P6). Having referred to the petitioner’s explanation, the Panchayat Secretary of respondent No.7, for the reasons best known, without giving an opportunity of hearing to the petitioner, passed the order impugned. The final order (Ex.P1) passed by the authority is contrary to the averments in the notice dated 30.01.2026 (Ex.P5) vis-à-vis the alleged unauthorised construction. 9. As pointed out supra, W.P.No.3340 of 2026 filed by the petitioner assailing the notice, dated 30.01.2026 (Ex.P5) was disposed of on 05.02.2026 with the following directions: i) The notice dated 30.01.2026 (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 3rd respondent. iii) The 3rd respondent shall conduct an inquiry by providing an opportunity of hearing to the petitioner and pass a reasoned order in accordance with law. p. 6 iv) Till such a reasoned order is passed, the 3rd respondent shall not interfere with the petitioner’s possession of the property bearing D.No.18-367, Davaleswaram Village, East Godavari District. …” 10. As seen from the above directions, this Court directed the Panchayat Secretary of the Gram Panchayat to conduct an inquiry and pass a reasoned order after affording an opportunity of hearing to the petitioner. The Panchayat Secretary, though, is aware of the said order, passed the final order without affording an opportunity of hearing to the petitioner. The final order passed by the Panchayat Secretary is contemptuous. However, this Court refrained from initiating contempt proceedings, suo moto, against the Panchayat Secretary, in view of the submission made by the learned counsel for respondent No.7 and treating the same as the first mistake. 11. It is not out of place to mention that the Hon’ble Apex Court in Directions in the Matter of Demolition of Structures, In re1 (W.P. (Civil) No.295 of 2022) gave a series of directions, while addressing bulldozer justice, regarding notice, explanation, personal hearing and time limit after passing the final order. The Hon’ble Apex Court observed as under: 90. In order to allay the fears in the minds of the citizens with regard to arbitrary exercise of power by the officers/officials of the State, we find it necessary to issue certain directions in exercise of our power under Article 142 of the Constitution. We are also of the view that even after orders of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before an appropriate forum. We are further of the view that even in cases of persons who do not wish to contest the demolition order, sufficient time needs to be given to them to vacate and arrange their affairs. It is not a happy sight to see women, children and aged persons dragged to the streets overnight. 1 2024 SCC Online SC 3291 p. 7 Heavens would not fall on the authorities if they hold their hands for some period. 91. At the outset, we clarify that these directions will not be applicable if there is an unauthorized structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law. A. NOTICE i. No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days’ time from the date of service of such notice, whichever is later. ii. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be affixed conspicuously on the outer portion of the structure in question. iii. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice. iv. To prevent any allegation of backdating, we direct that as soon as the show cause notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate of the district digitally by email and an auto generated reply acknowledging receipt of the mail should also be issued from the office of the Collector/District Magistrate. The Collector/DM shall designate a nodal officer and also assign an email address and communicate the same to all the municipal and other authorities in charge of building regulations and demolition within one month from today. Page 8 of 10 v. The notice shall contain the details regarding: a. the nature of the unauthorized construction. b. the details of the specific violation and the grounds of demolition. c. a list of documents that the noticee is required to furnish along with his reply. d. The notice should also specify the date on which the personal hearing is fixed and the designated authority before whom the hearing will take place; vi. Every municipal/local authority shall assign a designated digital portal, within 3 months from today wherein details regarding service/pasting of the notice, the reply, the show cause notice and the order passed thereon would be available. B. PERSONAL HEARING i. The designated authority shall give an opportunity of personal hearing to the person concerned. ii. The minutes of such a hearing shall also be recorded. C. FINAL ORDER i. Upon hearing, the designated authority shall pass a final order. ii. The final order shall contain: a. the contentions of the noticee, and if the designated authority disagrees with the same, the reasons thereof; b. as to whether the unauthorized construction is compoundable, if it is not so, the reasons therefor; c. if the designated authority finds that only part of the construction is unauthorized/non-compoundable, then the details thereof. p. 9 d. as to why the extreme step of demolition is the only option available and other options like compounding and demolishing only part of the property are not available. D. AN OPPORTUNITY OF APPELLATE AND JUDICIAL SCRUTINY OF THE FINAL ORDER. i. We further direct that if the statute provides for an appellate opportunity and time for filing the same, or even if it does not so, the order will not be implemented for a period of 15 days from the date of receipt thereof. The order shall also be displayed on the digital portal as stated above. ii. An opportunity should be given to the owner/occupier to remove the unauthorized construction or demolish the same within a period of 15 days. Only after the period of 15 days from the date of receipt of the notice has expired and the owner/occupier has not removed/demolished the unauthorized construction, and if the same is not stayed by any appellate authority or a court, the concerned authority shall take steps to demolish the same. It is only such construction which is found to be unauthorized and not compoundable shall be demolished. iii. Before demolition, a detailed inspection report shall be prepared by the concerned authority signed by two Panchas. E. PROCEEDINGS OF DEMOLITION i. The proceedings of demolition shall be video-graphed, and the concerned authority shall prepare a demolition report giving the list of police officials and civil personnel p. 10 that participated in the demolition process. Video recording to be duly preserved. ii. The said demolition report should be forwarded to the Municipal Commissioner by email and shall also be displayed on the digital portal. 12. At this juncture, this Court is not going into the aspect of demolition affected post Ex.P1, notice. Since Ex.P1 suffers from a violation of the principles of natural justice and also the directions issued by this Court in W.P.No.3340 of 2026, the order impugned (Ex.P1) is to be set aside. 13. Accordingly, this writ petition is allowed, setting aside the order impugned (Ex.P1). The Panchayat Secretary of respondent No.7 shall issue a notice to the petitioner fixing the date of hearing. The petitioner is at liberty to submit additional documents, if any, during the hearing. Thereafter, the Panchayat Secretary of respondent No.7 shall pass a reasoned order and communicate the same to the petitioner. The authority shall keep in mind the directions issued by the Hon’ble Apex Court in W.P. (Civil) 295 of 2022 (referred to supra. 14. Though the Panchayat Secretary of respondent No.7, failed to adhere to the directions in W.P.No.3340 of 2026, as discussed supra, this court is not initiating suo moto contempt, however, the authority shall pay costs of Rs.5,000/- from the pocket, to the High Court of Andhra Pradesh Employees’ Association, Nelapadu, Amaravati, and file the receipt within one week from the date of receipt of the copy of the order. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 30.03.2026 IKN