APHC010721632025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1114/2026 Between: 1. ALLURI MADHUSUDHANA RAO, S/O. RAMAKRISHNA, AGED 44 YEARS, OCC. AGRICULTURE, RIO. H.NO.7 VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. 534176 2. ALLURI NAGA VENKATA RAMARAO,, S/O. RAMAKRISHNA, AGED 42 YEARS, OCC. AGRICULTURE, R/O. H.NO.7 VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. 534176 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 3. THE DISTRICT PANCHAYAT OFFICER, EAST RAJAMAHENDRAVARAM. 4. THE DIVISIONAL PANCHAYAT OFFICER, KOVVUR, EAST GODAVARI DISTRICT. 5. THE TAHSILDAR, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. - 534112 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1114/2026 ALLURI MADHUSUDHANA RAO, S/O. RAMAKRISHNA, AGED 44 YEARS, OCC. AGRICULTURE, RIO. H.NO.7-123, POTHAVARAM VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. ALLURI NAGA VENKATA RAMARAO,, S/O. RAMAKRISHNA, AGED 42 YEARS, OCC. AGRICULTURE, R/O. H.NO.7-123, POTHAVARAM VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS AL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. - 522238 THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. - 533101 THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. - 533101 THE DIVISIONAL PANCHAYAT OFFICER, KOVVUR, EAST GODAVARI DISTRICT. - 534342 THE TAHSILDAR, NALLAJERLA MANDAL, EAST GODAVARI 534112 IN THE HIGH COURT OF ANDHRA PRADESH [3331] MONDAY,THE NINETEENTH DAY OF JANUARY HONOURABLE SRI JUSTICE SUBBA REDDY SATTI ALLURI MADHUSUDHANA RAO, S/O. RAMAKRISHNA, AGED 44 123, POTHAVARAM VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. - ALLURI NAGA VENKATA RAMARAO,, S/O. RAMAKRISHNA, AGED 123, POTHAVARAM VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. - ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS AL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, GODAVARI DISTRICT, THE DIVISIONAL PANCHAYAT OFFICER, KOVVUR, EAST THE TAHSILDAR, NALLAJERLA MANDAL, EAST GODAVARI p. 2 SRS,J 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, (MPDO) NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. - 534112 7. THE DEPUTY MANDAL PARISHAD DEVELOPMENT OFFICER, (THE EXTENSION OFFICER, PR AND RD) NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. - 534112 8. THE GRAM PANCHAYATPOTHAVARAM, REPRESENTED BY ITS SECRETARY, POTHAVARAM VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. THE MANDAL PARISHAD DEVELOPMENT OFFICER, (MPDO) NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. - 534112 7. THE DEPUTY MANDAL PARISHAD DEVELOPMENT OFFICER, (THE EXTENSION OFFICER, PR AND RD) NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. - 534112 8. THE GRAM PANCHAYATPOTHAVARAM, REPRESENTED BY ITS SECRETARY, POTHAVARAM VILLAGE, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. - 534176 ...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 WRIT OF MANDAMUS declaring the action of the respondents in starting the activity of demolition of the Petitioners residential houses i.e., the 1St Petitioner residential house in R.S.No. 254/1 to an extent of 121 Square Yards and R.S.No. 254/2 to an extent of 121 Square Yards total extent of 242 Square .Yards in situated at Pothavaram Village, Nallajerla Mandal, East Godavari District and the 2nd Petitioner's residential house in R.S.No. 254/2 to an extent of Ac.0-04 '/z Cents (108.9 Square Yards) situated at Pothavaram Village, Nallajerla Mandal, East Godavari District without giving proper notice, without considering the Petitioners explanation, without passing any orders and without following due process of law as illegal,unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and contrary to the Provisions of the AP Panchayat Raj Act and A.P. Gram Panchayat Land Development (Layout and Building) Rules 2002 and Principles of Natural justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioners from their residential houses 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 pleased to direct the respondents not to disturb the possession and enjoyment of the Petitioners residential houses i.e.,the 1st Petitioner residential house in R.S.No. 254/1 to an extent of 121 Square Yards and R.S.No. 254/2 to an extent of 121 Square Yards total extent of 242 Square p. 3 SRS,J Yards in situated at Pothavaram Village, Nallajerla Mandal, East Godavari District and the 2nd Petitioner's residential house in R.S.No. 254/2 to an extent of Ac.0-04 1/2 Cents (108.9 Square Yards) situated at Pothavaram Village, Nallajerla Mandal, East Godavari District in any manner including the demolition and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: Heard Sri Rambabu Koppineedi, learned counsel for the petitioners; Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondents 6 to 8, and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 to 4. 2. The above writ petition was filed to declare the action of respondent No.8 in trying to interfere with the possession of petitioner No.1 over residential house constructed in an extent of 121 square yards each in R.S.No.254/1 and 254/2 (totaling to 242 square yards) and possession of petitioner No.2 in respect of residential house constructed in an extent of 108.9 square yards (Ac.0-04 ½ cents) in R.S.No.254/2, situated at Pothavaram Village, Nallajerla Mandal, East Godavari District, without following due process of law, as illegal and arbitrary. 3. Learned counsel for the petitioners would submit that petitioners 1 and 2 are absolute owners and possessors of their respective extents as stated supra, and they constructed houses therein.Respondent No.8 has yet to assign door numbers. While so, the Panchayat Secretary of respondent No.8 issued a show cause notice dated 26.08.2025, Ex.P1 to the petitioners, for which both the petitioners submitted an explanation. Learned counsel would p. 4 SRS,J further submit that without conducting any enquiry, the Panchayat Secretary of respondent No.8 is trying to dispossess the petitioners from their respective properties. 4. Learned counsel appearing for respondent No.8, on instructions, would submit that respondent No.8 will pass an appropriate order duly considering the explanation submitted by the petitioners. He would also submit that respondent No.8 will provide necessary opportunity to the petitioners during the inquiry. 5. Thus, as seen from the material available on record, the Panchayat Secretary of respondent No.8 issued notice, dated 26.08.2025, to the petitioners alleging encroachment while making constructions and the petitioners submitted their explanations. A copy of the reply submitted by petitioner No.1 is filed as Ex.P2, and registered documents and building permission, dated 24.11.2023 are filed as Exs.P3 and P4. Though the right to property is not a fundamental right, it is a constitutional right under Article 300A. No person shall be deprived of his/her property by any authority of law except by following due process of law. 6. Whether the petitioners encroached upon the land in Gramakantam or not will be adjudicated during the inquiry to be conducted by the Panchayat Secretary of respondent No.8. 7. Given the submission of learned counsel for respondent No.8 that respondent No.8 will conduct an inquiry by following the procedure, keeping the writ petition pending will not serve any purpose. 8. Hence, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the learned Panchayat Secretary of respondent No.8 to conduct an inquiry, in pursuance of the p. 5 SRS,J notice, dated 26.08.2025 by considering the explanation submitted by the petitioners and pass a reasoned order strictly as per law.The Panchayat Secretary of respondent No.8 shall also provide an opportunity of hearing to the petitioners before passing any order. Till an order is passed Panchayat Secretary of respondent No.8 shall not interfere with the petitioners’ possession and enjoyment of the aforementioned properties. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 19.01.2026 IKN