APHC010253452026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14035/2026 Between: 1. MUPPURI CHINNA SIVAIAH ALIAS SIVAIAH, S/O NARASAIAH, AGED ABOUT 85 YEARS, SENIOR CITIZEN, R/O NEKKALLU VILLAGE, THULLURU MANDAL, GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522237. 2. THE COLLECTOR DISTRICT MAGISTRATE, GUNTUR DISTRICT, GUNTUR - 522004. 3. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT, GUNTUR - 522004. 4. THE MANDAL PARISHAT DEVELOPMENT OFFICER, THULLUR MANDAL, GUNTUR DISTRICT -522237. 5. THE NEKKALLU GRAM PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, NEKKALLU VILLAGE, THULLURU MANDAL GUNTUR DISTRICT -522237 6. THE TAHSILDAR, THULLUR MANDAL, THULLUR, GUNTUR DISTRICT - 522237 ...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 or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 5TH Respondent in issuing the impugned notice, dated 10-04-2026, seeking removal/demolition of the petitioners house consisting Asbestos shed therein admeasuring 100 Sq. yards in D.No.88 situate at Nekkallu Village, Thulluru Mandal, Guntur District, without conducting proper enquiry and without affording any reasonable opportunity to the petitioner, as illegal, arbitrary, violative of principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the same and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. 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 stay all further proceedings pursuant to the impugned notice, dated 10-04- 2026 issued by the Respondent in respect of the petitioner’s house consisting Asbestos shed therein admeasuring 100 Sq.yards in D.No. 88 situate at Nekkallu Village, Thulluru Mandal, Guntur District and pass Counsel for the Petitioner: 1. KONDETI RANGA SRINIVAS Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: Heard Sri Kondeti Ranga Srinivas, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 3, Ms. Usha, learned Assistant Government Pleader for Revenue for the respondents 2 and 6, and Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 4 and 5. Page 3 of 6 2. Impugned the notice dated 10.04.2026 (Ex.P1), issued by the Panchayat Secretary of the 5th respondent, the petitioner filed the above writ petition. 3. Learned counsel for the petitioner would submit that the petitioner constructed a structure in Sy.No.88 of Nekkallu Village and has been residing therein for the last five decades. The petitioner also obtained electricity connection form APCPDCL. 4. Be that as it may, the Panchayat Secretary of the 5th respondent issued Ex.P1 notice directing the petitioner to remove the structure, without conducting any inquiry or issuing a show cause notice. 5. Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 4 and 5, submitted the written instructions of the Panchayat Secretary of the 5th respondent. The operative portion reads as follows: “It is humbly submitted that Survey No.88 is classified as Cheruvu Poramboke (tank bed land). It is further submitted that nearly 65 families have encroached upon the said land in Survey No.88, and the petitioner is one among such encroachers. It is respectfully submitted that, with a view to remove the said encroachments, this Gram Panchayat has issued a notice dated 10.04.2026, directing the encroachers to remove the encroachments within a period of thirty (30) days. It is further submitted that, in the event of non-compliance, the Gram Panchayat shall proceed in accordance with due process of law, as per G.O.Ms.No.188, by issuing further notices, calling for explanations, and providing an opportunity to the concerned persons to submit relevant documents in support of their claims.” 6. Thus, as seen from the written instructions submitted by the Panchayat Secretary of the 5th respondent, no survey was conducted to identify whether the land allegedly encroached upon by the petitioner is in Sy.No.88, classified as tank bed land. 7. Of course, the petitioner could not produce any DKT patta or other assignment made by the Revenue officials. However, a perusal of Ex.P2 and P3, there is no dispute regarding existence of a structure in Sy.No.88 of Nekkallu Village. 8. A perusal of the notice dated 10.04.2026 (Ex.P1), would indicate that some individuals made a complaint in the grievance cell. Acting upon the said complaint, without conducting a survey and identifying the land in Sy.No.88 or alleged encroachments, the notice Ex P.1 was issued. 9. In fact, the written instructions of the Panchayat Secretary of the 5th respondent are clear that the authority will follow due procedure. 10. Given the facts and circumstances of the case, inviting a counter and keeping the writ petition pending may not serve any purpose and hence 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 5th respondent not to take any coercive steps pursuant to the notice dated 10.04.2026 (Ex.P1), without following due procedure. 11. However, this order will not preclude the Panchayat Secretary of the 5th respondent from conducting a survey and thereafter proceeding in respect of any encroachments, if any, strictly in accordance with due procedure. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 08.05.2026 SNI 152 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14035 OF 2026 Date: 08.05.2026 SNI