APHC010236202021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13394/2021 Between: 1. MEKALA SUDHARSHAN, S/O. M.SATYAM, AGED 42 YEARS, 0CC. COOLI, R/O.H.NO.2-107,SC COLONY,MAIN ROAD, LINGAM DINNE, R.LINGAM DINNE VILLAGE, SANJAMALA MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE ROADS AND BUILDINGS DEPARTMENT, STATE OF ANDHRA PRADESH, REP BY ITS DEPUTY EXECUTIVE ENGINEER (RANDB), KOYILAKUNTLA, KURNOOL DISTRICT. 3. THE TAHSILDAR, SANJAMALA MANDAL, KURNOOL DISTRICT. 4. THE STATE HOUSING CORPORATION LIMITED, STATE OF ANDHRA PRADESH, REP BY ITS PROJECT DIRECTOR, KURNOOL, KURNOOL DISTRICT. 5. THE R LINGAMDINNE GRAM PANCHAYAT, REP. BY ITS EXECUTIVE OFFICER/PANCHAYAT SECRETARY, SANJAMALA MANDAL, KURNOOL DISTRICT. 6. THE STATION HOUSE OFFICER, SANJAMALA POLICE STATION, 2 KURNOOL 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 toto issue a Writ, order or directions, more particularly one in the nature of Writ of Mandamus, declaring the illegal action of the 5th respondent in issuing the notice dated 06-01-2021 to the house owners who got houses under Indiramma Housing Scheme, calling upon to remove/demolition of the house baring No. 2-107 in Sy.No.171, situated in R.Lingamdinne Village, Sanjamala Mandal, Kurnool District, which is illegal, arbitrary, unjust, violation of Panchayat Raj Act, 1994 and Articles 14, 16 and 300-A of the Constitution of India and consequently set aside the notice dated 06-01-2021 issued by the 5th respondent treating it without giving any notice or opportunity, without jurisdiction and further direct the respondents not to demolish/interfere with peaceful possession and enjoyment of the house baring No. 2-107 in Sy.No.171, situated in R.Lingamdinne Village, Sanjamala Mandal, Kurnool District, or otherwise Petitioner and his family will suffer serious loss and great hardship and pass IA NO: 1 OF 2021 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 demolition/ dispossession of the house baring No. 2-107 in Sy.No.171, situated in R.Lingamdinne Village, Sanjamala Mandal, Kurnool District, and pass IA NO: 2 OF 2021 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 vacate the interim orders dated 09.07.2021 passed in W.P. No. 13394 of 2021 and dismiss the writ petition Counsel for the Petitioner: 1. CHALLA SIVASANKAR Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 3 2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 3. GP FOR HOME 4. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 5. GP FOR REVENUE 6. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 4 ORDER: To declare the notice dated 06-01-2021 issued by the 5th respondent- Gram Panchayat for demolition of the house bearing No.2-107 in Sy.No.171 situated at R.Lingamdinne Village, Sanjamala Mandal, Kurnool District, allotted under the Indiramma Housing Scheme, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Challa Siva Sankar, learned counsel for the petitioner, Sri M.Sudhir, learned Standing counsel for Gram Panchayat, Sri K.Mallikarjun Murthy, learned Standing Counsel for Housing Corporation, Sri Praveen, learned Assistant Government Pleader for Roads and Building. 3. While reiterating the contents of the affidavit, learned counsel for the petitioner submitted that without issuing any show cause notice, the impugned notice dated 06.01.2021 was issued. Though styled as a notice, it virtually contains a direction to the petitioner to vacate the subject property on the alleged ground of encroachment for laying the road. 4. This Court, by interim orders dated 09.07.2021, directed the respondents to maintain status quo until further orders. The 5th respondent– Panchayat did not choose to file any counter so far. 5. Keeping in view the facts and circumstances of the case and on a perusal of the impugned notice, as rightly contended by the learned counsel for the petitioner, the same was issued without any prior show cause notice, which is in clear violation of the Audi Alteram Partem rule, and as such, the same is liable to be set aside. 5 6. Accordingly, the writ petition is disposed of by setting aside the notice dated 06.01.2021 and by directing the respondents not to interfere with the possession of the petitioner except in accordance with due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 06.01.2026. JLV 6 289 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13394/2021 Date: 06.01.2025. JLV