APHC010241232026 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: 12777/2026 Between: 1. JAKKULA PONNAIAH,, S/O VEERAIAH, AGED ABOUT 60 YEARS, OCC DAILY WAGE WORKERS, R/O THATACHARYULA AGRAHARAM, NAGULAUPPALAPADU MANDAL, PRAKASAM DISTRICT. 2. BATHULA EDUKONDALU,, S/O LAXMAIAH, AGED ABOUT 40 YEARS, OCC DAILY WAGE WORKERS, R/O THATACHARYULA AGRAHARAM, NAGULAUPPALAPADU MANDAL, PRAKASAM DISTRICT. 3. BATHULA ACHAIAH,, S/O LAXMAIAH, AGED ABOUT 43 YEARS, OCC DAILY WAGE WORKERS, R/O THATACHARYULA AGRAHARAM, NAGULAUPPALAPADU MANDAL, PRAKASAM DISTRICT. 4. ANNAVARAPU VENKATA SUBBA RAO,, S/O PRABHU DAS, AGED ABOUT 45 YEARS, OCC DAILY WAGE WORKERS, R/O THATACHARYULA AGRAHARAM, NAGULAUPPALAPADU MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE - 522238. 3. THE TAHSILDAR, NAGULAUPPALAPADU MANDAL, PRAKASAM DISTRICT - 522238. 4. THE CHEERVANUPPALAPADU GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, NAGULAUPPALAPADU MANDAL, PRAKASAM DISTRICT - 523183. 5. THE STATION HOUSE OFFICER, NAGULAUPPALAPADU POLICE STATION, PRAKASAM DISTRICT - 523183. 6. JAGARLAMUDI VENKATESWARLU, S/O BAPANAIAH, R/O T. AGRAHARAM VILLAGE, NAGULAUPPALAPADU MANDAL, PRAKASAM DISTRICT - 523183. ...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, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.4 in issuing the impugned notice dated 30-03-2026 as illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution of India and contrary to the orders passed by this Hon'ble Court in Common Order dated 27.11.2025 in W.P. No.28770 and 32762 of 2023, and consequently set aside the said notice 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 2nd Respondent, namely the Regional Passport Office, Visakhapatnam, to process the passport application of the Petitioner bearing File No. VS1076727866724 and pass appropriate orders, without insisting upon production of the original old passport, which is in custody of the Court pending disposal of the above writ petition Counsel for the Petitioner(S): 1. N RAVI PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: ORDER Heard Sri M.Manoj, learned counsel for the petitioners and 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 & 3, Ms.Kavitha, learned counsel representing Sri M.Sudhir, learned standing counsel for 4th respondent and the learned Assistant Government Pleader for Home, for the 5th respondent. Notice to the 6th respondent is dispensed with, since no adverse order is passed affecting his rights and interests. 2. Assailing the notice issued by the Panchayat Secretary of the 4th respondent dated 30.03.2026 (Ex.P1), the petitioners filed the above writ petition. 3. Learned counsel for the petitioners would submit that the petitioners were assigned house site pattas bearing Plot Nos.64 to 67 admeasuring Ac.0.02½ cents each in S.No.2/2 of T.Agraharam village, Nagauluppalapadu Mandal, Prakasam District vide R.C.A.No.357 of 1999 dated 18.06.1999. The petitioners constructed houses and have been residing therein. He would also submit that the 6th respondent filed W.P.No.6276 of 2022 alleging encroachment upon the public road margin in S.No.2/2 of T.Agraharam village, and the said writ petition was disposed of on 27.04.2023, directing the authorities to remove the encroachments by following due procedure. The Panchayat Secretary of the 4th respondent issued the notice (Ex.P1) directing the petitioners to remove the encroachments. He would submit that neither a show cause notice was issued nor a survey was conducted regarding the alleged encroachments. The Panchayat Secretary of the 4th respondent failed to conduct any enquiry. 4. Ms.Kavitha, learned counsel representing Sri M.Sudhir, learned standing counsel for 4th respondent, would submit that after issuance of Ex.P1 notice, another notice dated 21.04.2026 was issued to the petitioners 1 to 3 and having received the said notice, the petitioners failed to submit any explanation. She would fairly submit that the notices dated 30.03.2026 and 21.04.2026 may be treated as show cause notices, and if the petitioners submit an explanation, the authority will consider the same and pass appropriate orders. 5. Learned counsel for the petitioners endorses the same. 6. Given the facts and circumstances of the case, keeping the writ petition pending and inviting a counter will not serve any purpose. Hence, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, with the following directions: (i) The notices dated 30.03.2026 and 21.04.2026 issued by the Panchayat Secretary of the 4th respondent shall be treated as show cause notices; (ii) The petitioners shall submit an explanation, within 15 days from today, by annexing all relevant documents to the 4th respondent; (iii) Upon receipt of such explanation, the Panchayat Secretary of the 4th respondent shall conduct an enquiry and, by providing an opportunity for hearing to the petitioners, pass a reasoned order strictly as per law and communicate the same to the petitioners; (iv) Till such exercise is completed, the Panchayat Secretary of the 4th respondent shall not take any coercive steps in relation to structures mentioned in Ex.P1 notice and the notice dated 21.04.2026. (v) The 4th respondent shall complete the entire exercise within two months from today; (vi) No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD