APHC010202742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10551/2025 Between: 1. N VENKATESWARLU, S/O GOVINDAYYA, AGED 54 YEARS, OCC ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, R/O FLAT NO.301,4TH FLOOR, DHATRI HOMES, PADUGUPADU VILLAGE, KOVUR MANDAL, NELLORE DISTRICT. 2. N. SUBBARAYUDU, S/O N. GOVINDAIAH, AGED 59 YEARS, OCC COOLIE, R/O D.NO.34/232/15, 0PP. IRRIGATION SECTION OFFICE, VARADHI CENTRE, SPS NELLORE. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE ENGINEERINCHIEF, WATER RESOURCES DEPARTMENT, IRRIGATION COMPOUND, GOVERNORPETA, VIJAYAWADA. 2. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION 2 RC,J W.P.NO.10551 OF 2025 CIRCLE, SPS NELLORE 4. THE DEPUTY EXECUTIVE ENGINEER, BUCHIREDDIPALEM, SPS NELLORE DISTRICT. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in contemplating to demolish the houses of the petitioners situated in Sy.No.2005 in Ward No.53/2 (Old ward No. 28/2) of Nellore Corporation and consequently direct the respondents not to demolish the subject houses of the petitioners situatejd in Sy.No.2005 in Ward No.53/2 (Old ward No. 28/2) of Nellore Corporation and pass IA NO: 1 OF 2025 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 demolish the houses of the petitioners situated in Sy.No.2005 in Ward No.53/2 (Old ward No. 28/2) of Nellore Corporation, pending disposal of this writ petition and pass Counsel for the Petitioner(S): 1. T LAKSHMI PADMAJA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: 3 RC,J W.P.NO.10551 OF 2025 ORDER: Impugning the action of the respondents in trying to demolish the petitioners’ houses situated in Sy.No.2005 in Ward No.53/2 (old Ward No.28/2) of Nellore Corporation, without following due process of law, the present writ petition is filed. 2. Heard Smt.T.Lakshmi Padmaja, learned counsel for the petitioners and Mr.K.Satish Kumar, learned Assistant Government Pleader for Irrigation appearing for respondents. 3. While reiterating the contents of the affidavit, the learned counsel for the petitioners submits that a show cause notice has been issued by the 4th respondent herein asking the petitioners to submit explanation as to why the petitioners shall not be evicted from the illegally occupied Government land of the Water Resources Department, failing which, it is stated that action would be initiated under Section 6 of the A.P. Land Encroachment Act, 1905. Two independent notices were issued to the petitioners. To the said notices, the petitioners submitted reply through their counsel which was sent through registered post. Without considering the said explanation, the authorities are trying to demolish the petitioners’ house highhandedly. If the said action of the respondents is allowed to subsist, the rights of the petitioners 4 RC,J W.P.NO.10551 OF 2025 would be affected. As such, prayed to pass the appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Assistant Government Pleader submitted that though it is stated by the petitioners that reply was sent through counsel on 20.01.2024, the postal receipt shows the date as 13.01.2024; therefore, there is some ambiguity in the same. However, the writ petition has been filed under apprehension that the authorities are proceeding on the basis of the direction given by the Lokayukta. 5. In reply, the learned counsel for the petitioners submits that the date on the legal notice might have been mentioned wrongly, but however, the explanation has been sent to the authorities. 6. Perused the record and considering the submissions of the learned counsel for the parties. It is not in dispute that a show cause notice has been issued by the respondent authorities, asking the petitioners to submit their explanation. The contention of the petitioners is that they submitted their explanation and sent the same through registered post. 7. A perusal of the reply through legal notice reflects the date as 20.01.2024, but however, on the postal receipt the date is 5 RC,J W.P.NO.10551 OF 2025 mentioned as 13.01.2024. As rightly pointed out by the learned Assistant Government Pleader that there is an ambiguity in the same. However, to meet the ends of justice, this Court is inclined to give one more fair opportunity to the petitioners to submit explanation to the show cause notice dated 08.01.2024. Accordingly the writ petition is disposed of by passing the following order:- The petitioners are at liberty to submit a detailed explanation to the show cause notice dated 08.01.2024 within a period of two (02) weeks from the date of receipt of a copy of this order. On such explanation, the authorities concerned shall consider and dispose of same and pass reasoned order by giving an opportunity of hearing to the petitioners before initiating any steps. Till such exercise, the authorities concerned shall not take any coercive steps. No costs. Consequently, miscellaneous petitions, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 29.01.2026 LSP