APHC010140062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7361/2026 Between: 1. NIYAJ BHASHA,, S/O SAYD AMEER BHASHA, AGED ABOUT 72 YEARS, R/O D.NO.2-103, GUDIBANDA VILLAGE AND MANDAL SRI SATHYA SAI DISTRICT -515271. 2. PENNOBULLAPPA,, S/O LATE EEDIGA CHINNOBULLAPPA, AGED ABOUT 53 YEARS, R/O D.NO.2-179, GUDIBANDA VILLAGE AND MANDAL, SRI SATHYA SAL DISTRICT -515271 3. ABDUL RAJAK SAB,, S/O RAKEEM SAB, AGED ABOUT 78 YEARS, R/O D. NO.2/201, GUDIBANDA VILLAGE AND MANDAL, SRI SATHYA SAL DISTRICT -515271 4. SHAIK MAHAMMAD JEELAN,, S/O NARASEERUDHIN, AGED ABOUT 30 YEARS, R/O D.NO.2/219, GUDIBANDA VILLAGE AND MANDAL SRI SATHYA SAL DISTRICT -515271. 5. P. HANUMAKKA,, S/O LATE PANDURANGAPPA, AGED ABOUT 67 YEARS, R/O D.NO.2-149, GUDIBANDA VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT -515271 6. EEDIGA ANJINEYULU,, S/O RAMAPPA, AGED ABOUT 55 YEARS, R/O GUDIBANDA VILLAGE AND MANDAL, SRI SATHYA SAL DISTRICT -515271 p. 2 SRS,J W.P.No.7361 of 2026 7. LAKSHMI DEVI,, S/O SREE RAMAPPA, AGED ABOUT 50 YEARS, RIO D.NO.2-178, B C COLONY, GUDIBANDA VILLAGE AND MANDAL, SRI SATHYA SAI DISTRICT -515271 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, PUTTAPARTHI, SRI SATHYA SAI DISTRICT. 4. THE ASSISTANT EXECUTIVE ENGINEER I B SECTION, WATER RESOURCES DEPARTMENT, GUDIBANDA, SRI SATHYA SAI DISTRICT. 5. THE GUDIBANDA GRAM PANCHAYAT, REP. BY ITS SECRETARY, GUDIBANDA VILLAGE, SRI SATHYA SAI DISTRIC ...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 topleased to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 5th Respondents in issuing the notices dt.02.03.2026 thereby directing the petitioners to vacate their shops in Survey No. 304 of Gudibanda Village and Mandal, Sri Satya Sai district is illegal, arbitrary, Contrary to the Provisions of the Andhra Pradesh Panchayat Raj Act, 1994, A.P Gram (Panchayat Protection of Property) Rules, 2011 and Violative of Fundamental Rights under Article 19(1)(d) and Article 21 guaranteed by the Constitution of India and consequently set aside the notices dt.02.03.2026 issued by the 5th Respondent and direct him to consider the explanation given by the p. 3 SRS,J W.P.No.7361 of 2026 petitioners along with opportunity of hearing before passing any final orders 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 direct the Respondents not to interfere with the petitioner's peaceful possession and enjoyment of their shops in Survey No. 304 of Gudibanda Village & Mandal, Sri Satya Sai district and pass Counsel for the Petitioner(S): 1. MANDALI CHIRANJEEVI BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR IRRI AND CAD The Court made the following: :: ORDER :: Heard Sri Mandali Chiranjeevi Babu, learned counsel for the petitioners, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 and 3, Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.2; Sri A. Narsinga Rao, learned Assistant Government Pleader for Irrigation for respondent No.4, and Sri M. Sudhir, learned standing counsel for respondent No.5. 2. The above writ petition is filed to declare the action of respondent No.5 in issuing notices, dated 02.03.2026, directing the petitioners to vacate their shops in survey No.304, Gudibanda Village and Mandal, Sri Satya Sai District, as illegal and arbitrary. Page 4 of 6 SRS,J W.P.No.7361 of 2026 3. The grievance of the petitioners is that the Panchayat Development Officer of respondent No.5 issued notices, dated 02.03.2026 (Ex.P1) to the petitioners, indicating the encroachments made by them upon the land in survey No.304, a water spread surplus course area of Gudibanda MI Tank, which is Government water body, under the control of the Water Resources Department. The authority directed the petitioners to submit relevant documents, if any, to the office, failing which the petitioners were directed to vacate the premises within seven days from the receipt of the notice. 4. Learned counsel for the petitioners would submit that the petitioners tried to submit an explanation to the Panchayat Development Officer of respondent No.5, on 12.03.2026. However, the said officer was on leave. Learned counsel would further submit that the petitioners also attempted to submit the explanation today. However, the Panchayat Development Officer refused to receive the same, and hence, some of the petitioners sent the explanation by registered post. Learned counsel would submit that respondent No.5, without adhering to the procedure contemplated in G.O.Ms.No.188 dated 21.07.2011, is attempting to evict the petitioners. 5. Learned standing counsel, on the other hand, would submit that the petitioners did not submit an explanation. If the petitioners submit an explanation, respondent No.5 will consider the same and follow the procedure mandated in G.O.Ms.No.188 dated 21.07.2011. 6. Given the above submissions, without going into the allegations and counter allegations vis-à-vis submission of explanation by the petitioners, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the petitioners to submit another explanation, by annexing all the documents, to the Panchayat Development Officer of p. 5 SRS,J W.P.No.7361 of 2026 respondent No.5, within one week from today. The Panchayat Development Officer of respondent No.5 shall acknowledge the receipt of the explanations. Thereafter, the Panchayat Development Officer shall conduct an enquiry, afford an opportunity of hearing to the petitioners and pass a reasoned order duly considering their explanations. The Panchayat Development Officer shall communicate the order to the petitioners. The Panchayat Development Officer of respondent No.5 shall complete this exercise within four weeks of the receipt of a copy of the order. Till an order is passed, the Panchayat Development Officer of respondent No.5 shall not interfere with the petitioners’ possession and enjoyment of the extents mentioned in the respective notices, Ex.P1. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 13.03.2026 IKN p. 6 SRS,J W.P.No.7361 of 2026 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7361 of 2026 Date: 13.03.2026 IKN