APHC010247582026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13072/2026 Between: 1. KANDRU VENKATESWARLU, S/O. POORNAIAH, HINDU, AGED 60 YEARS, R/O. H.NO.14-46, ASST.NO.2596, ANDUKURU ROAD, OPP TO CHURCH, KROSURU (V M), PALANADU DISTRICT-522410. 2. KANDRU SESHAGIRI RAO,, S/O. SITARAMAIAH AGED 52 Y HINDU R/O. H.NO.14-47, ASST.NO.2597, ANDUKURU ROAD, OPP TO CHURCH, KROSURU (V M), PALANADU DISTRICT- 522410 S/O. SITARAMAIAH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY (PANCHAYATH RAJ DEPT) SECRETARIAT BUILDINGS, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT-522237. 2. DISTRICT COLLECTOR, PALANADU DISTRICT, NARASARAOPET- 522601. DISTT ICT PANCHAYAT OFFICER, NARASARAOPET, PALANADU DISTRICT- 522601. 3. DISTRICT PANCHAYAT OFFICER, NARASARAOPET, PALANADU DISTRICT- 522601. 3. 4. DIVISIONAL PANCHAYAT OFFICER, NARASARAOPET, PALANADU DISTRICT- 522601. 5. MANDAL PARISHAD DEVELOPMENT OFFICER, KROSURU MANDAL, PALNADU DISTRICT- 522410. Page 2 of 5 6. GRAMA PANCHAYAT, KROSURU REP BY PANCHAYAT SECRETARY, KROSURU VILLAGE MANDAL, PALNADU DISTRICT- 522410. ...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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus to declaring the action of the Respondents perticularly that of Respondent No.6 in issuing notices in Roc.No. 12/2025 Dt.25-04-2026 to the petitioners without considering the explanations Dt.10- 04-2026 submitted by them and also in violation of the order of the Honble High court Dt.02-12-2025 passed in W.P. No.33258 of 2025 as arbitrary, illegal, opposed to the principles of natural justice and violative of Articles 14, 21 and 300-A of Constitution of India 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 stay all further proceedings pursuant to notices issued by the 6*^ respondent in Roc.No. 12/2025 Dt.25-04-2026 without considering the explanations Dt. 10-04-2026 submitted by the petitioners pending disposal of the writ petition in the interests of justice and pass Counsel for the Petitioner(S): 1. M CHALAPATI RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: :: ORDER :: Impugning the notices issued vide ROC.No.12/2025, dated 25.04.2026 (Ex.P1), the petitioners filed the above writ petition. 2. Heard Sri M. Chalapati Rao, learned counsel for the petitioner, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, appeared for respondents 1, 3 & 4; Ms Usha, learned Assistant Government Pleader for Revenue, appeared for respondent No. 2; and Ms Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel, appeared for respondents 5 & 6. 3. Earlier, one Sri Shaik Dariyavalli filed W.P.no.33258 of 2025, to declare the inaction on the part of respondents 5 to 8 therein in initiating steps vis-à- vis removal of unauthorised encroachments on the public road (road margin) in Sy.No.550, Krosuru Village and Mandal, Palnadu District. The said writ petition was disposed of on 02.12.2025, and the operative portion of said order reads as follows: “The respondent authority concerned is directed to take steps to remove the encroachments as mentioned in the proceedings dated 07.10.2025 in accordance with law by giving proper show cause notice inviting explanation by giving sufficient time to all the encroachers and also by providing an opportunity of being heard and pass a reasoned order and take steps accordingly. Such exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order.” 4. Thereafter, the Panchayat Secretary of respondent No.6 issued two notices vide ROC.No.12/2025, dated 28.03.2026 (Ex.P11) to the petitioners. The petitioners, in turn, submitted an explanation dated 10.04.2026 (Exs.P12 & P13). Without conducting an inquiry and providing the petitioners an opportunity of hearing, as directed in W.P.No.33258 of 2025, the impugned notices were issued by the Panchayat Secretary of respondent No.6. In fact, the petitioners filed possession certificates issued by the Tahsildar as Exs.P15 & P16. 5. A perusal of Ex.P1, in the considered opinion of this Court, that the Panchayat Secretary of respondent No.6, without considering the explanation submitted by the petitioners, issued the notices impugned. On that ground, the notices impugned are liable to be set aside. 6. Given the facts and circumstances of the case, the notices vide ROC.No.12/2025, dated 25.04.2026 (Ex.P1) issued by the Panchayat Secretary of respondent No.6 are hereby set aside. The Panchayat Secretary of respondent No.6 shall consider the explanations submitted by the petitioners and pass a reasoned order by providing an opportunity of hearing to the petitioners, as directed in W.P.No.33258 of 2025. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 06.05.2026 TVN 234 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.13072 OF 2026 Date: 06.05.2026 TVN