Extracted from the PDF above. The PDF is authoritative.
APHC010710542025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36638/2025 Between:
1. M RAJU, S/O. MAREPPA, AGED ABOUT 45 YEARS, R/O.
D. NO. 12/426, P. KONDAPURAM VILLAGE, PAMIDI MANDAL, ANANTHAPUR DISTRICT. 515448
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY
(PANCHAYAT RAJ DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI,GUNTUR DISTRICT.522238
2. THE DISTRICT PANCHAYAT OFFICER, ANANTHPAUR, ANANTHPAUR DISTRICT. 3. THE PANCHAYAT SECRETARY, MAJOR GRAM PANCHAYAT, PAMIDI, ANANTHPAUR 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 a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 3rd respondents in issuing the
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impugned show cause notice vide Rc. No. 46/2025, dt. 22.12.2025 in respect of the house site of the petitioner being an extent of 68.44 sq. yards situated at 1st ward, Yeddulapalli Road, Pamidi Gram Panchayat, Ananthpaur District is as illegal, arbitrary and violative of article 14 and 21 of the constitution of India and also contrary to the provision of A.P Grampanchayat Act, 1964 and rules made their under and consequently set aside the same 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 suspend the impugned show cause notice vide Rc. No. 46/2025, dt. 22.12.2025 issued by the 3rd respondent in respect to the house site of the petitioner being an extent of 68.44 sq. yards situated at 1st ward, Yeddulapalli Road, Pamidi Gram Panchayat, Ananthpaur District and to pass Counsel for the Petitioner:
1. P NARASIMHULU Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order:
Impugning the show cause notice vide Rc.No.46 of 2025, dated 22.12.2025, issued by the 3rd respondent, the present writ petition is filed. 2. Heard Sri Narasimhulu Parise, learned counsel for the petitioner, Sri M. Sudheer, learned Standing Counsel for Gram
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Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3.
Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that the impugned notice is the second notice issued by the authority. Initially, a notice was issued on 24.11.2025, to which the petitioner has submitted explanation. Without passing any orders thereon, the present impugned notice has been issued by the authorities. If the mandate given in the notice is allowed to continue, it affects the rights of the petitioner. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Standing Counsel submitted that the impugned notice is only a show-cause notice calling upon the petitioner to submit his explanation. Instead of submitting explanation, the petitioner got filed the present writ petition. In fact, earlier, when the petitioner proceeded with the construction without any approved plan, a caution notice was issued directing the petitioner not to proceed with the construction. Despite the same, he proceeded with the construction. As such, the impugned show-cause notice has
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been issued. As such, the writ petition is devoid of merits and is liable to be dismissed at the admission stage itself. 5. A perusal of the impugned show-cause notice indicates that when the petitioner proceeded with the construction without approved plan, the concerned Gram Panchayat has issued a notice directing the petitioner not to proceed with the construction. Despite the same, as the petitioner proceeded further with the construction, the subject show-cause notice has been issued directing the petitioner to submit explanation. Questioning the said notice, the present writ petition is filed. Ordinarily, writ petition does not lie against mere issuance of show-cause notice. Entertaining writ petition against show cause notice dehors the limit of Writ Jurisdiction, as held by the Hon’ble Supreme Court in Union of India & Another vs. Kunisetty Satyanarayana1. The petitioner did not raise any valid grounds warranting the interference of this Court.
As such, the writ petition is devoid of merit and is liable to be dismissed. 1 (2006)12 SCC 28
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6. Accordingly, the Writ Petition is dismissed. However, the petitioner is not precluded to submit explanation. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 02.01.2026 ANS
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309 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 36638/2025
Date: 02.01.2026 ANS