APHC010146832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7718/2026 Between: 1. KUKKALA PEDA VIGNESWARUDU ALIAS K.P VIGENSWARUDU, S/O K.VENKAT RAO, AGED ABOUT 58 YEARS, R/O BHAGGESWARAM PALAKOLLU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI. PIN 522237 2. THE DISTRICT COLLECTOR, WEST GODAVARI, WEST GODAVARI DISTRICT. PIN 534007 3. THE TAHSILDAR, PALAKOLLU, PALAKOLLU MANDAL, WEST GODAVARI DISTRICT. PIN 534260 4. LANKALAKODERU GRAMA PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, PALAKOLLU MANDAL WEST GODAVARI DISTRICT. PIN 534260 5. SMT KUKKALA SURYA KUMARI, W/O SATYANARAYANA, AGED ABOUT 55, R/O BHAGGESWARAM, PALAKOLLU MANDAL, WEST GODAVARI DISTRICT. PIN 534260 ...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 2 pleased to issue an order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents particularly the 4th respondent in issuing the notices/orders dt 4.2.2026 and 18.2.2026 as without preceding by show cause notice as by ordering for removal of taxes to dispossess the petitioner from the land of coconut trees and cattle shed in the land of an extent of 0.26 Cents in RS.No. 396 of Lankalakoderu Village, Palakollu Mandal, West Godavari District is arbitrary illegal and violation of principles of natural justice and against to article 14 and 300-A of the constitution of India and without jurisdiction and consequently set aside the same including the connected reports if any of the respondents 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 direct the respondents particularly No.3 and 4 not to dispossess the petitioner from the land of coconut trees and cattle shed in the land of an extent of 0.26 Cents in RS.No. 396 of Lankalakoderu Village, Palakollu Mandal, West Godavari District and pass Counsel for the Petitioner: 1. VELAGANI NARASIMHULU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: Heard Sri Velagani Narasimhulu, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the 1st respondent, Ms. Usha, learned Assistant Government Pleader for Revenue for the respondents 2 and 3, and Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 4th respondent. The notice in respect of the 5th 3 respondent is dispensed with, since no adverse order is passed affecting the interest of the 5th respondent. 2. The Panchayat Secretary of the 4th respondent issued two notices vide R.C.No.5/2026 dated 04.02.2026 (Ex.P1) and R.C.No.5/2026 dated 18.02.2026 (Ex.P2), directing the petitioner to remove the encroachment within seven days in Sy.No.396, cart track (Bandi Poramboke), failing which necessary action will be initiated as per the provisions of Andhra Pradesh Panchayat Raj Act, 1994. The petitioner submitted explanations dated 09.02.2026 (Ex.P6) and 27.02.2026 (Ex.P7). 3. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 4th respondent, would contend that the Panchayat Secretary of the 4th respondent will consider the explanations dated 09.02.2026 (Ex.P6) and 27.02.2026 (Ex.P7) and pass orders strictly as per the Rules. 4. Thus, as seen from the material available on record, the Tahsildar issued proceedings vide R.O.C.No.618/2024/5 dated 03.01.2026 (Ex.P5), to the Panchayat Secretary of the 4th respondent. A perusal of the said proceedings would indicate that the land in Sy.No.396, as per RSR, is classified as cart track. As per BSO 26, it is an objectionable poramboku vested with the Gram Panchayat. Thereafter, the Panchayat Secretary of the 4th respondent issued two notices to the petitioner vide R.C.No.5/2026 dated 04.02.2026 (Ex.P1) and R.C.No.5/2026 dated 18.02.2026 (Ex.P2), and the 4 petitioner submitted explanations dated 09.02.2026 (Ex.P6) and 27.02.2026 (Ex.P7). 5. Given the submissions of the learned counsel for the 4th respondent, that the Panchayat Secretary of the 4th respondent will consider the explanations dated 09.02.2026 (Ex.P6) and 27.02.2026 (Ex.P7) and pass appropriate orders keeping the writ petition pending will not serve any purpose. 6. Accordingly, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, directing the Panchayat Secretary of the 4th respondent to consider the explanations dated 09.02.2026 (Ex.P6) and 27.02.2026 (Ex.P7) submitted by the petitioner to the notices vide R.C.No.5/2026 dated 04.02.2026 (Ex.P1) and R.C.No.5/2026 dated 18.02.2026 (Ex.P2), by providing an opportunity of hearing to the petitioner, and pass a reasoned order strictly as per the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the Rules made thereunder. The Panchayat Secretary of the 4th respondent shall complete the exercise within six (06) weeks from the date of receipt of a copy of this order. Till a reasoned order is passed, the Panchayat Secretary of the 4th respondent shall not take any coercive steps against the petitioner. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 23.03.2026 SNI 5 125 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 7718 OF 2026 Date: 23.03.2026 SNI