APHC010723262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1035 OF 2026 Between: 1. DUGGEM VIJAYAMMA, W/O LATE NAVARAJ, AGED 64 YEARS, R/O, DEVARAJUGATTU VILLAGE, PEDDARAVEEDU, PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPT., SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 2. THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT AT ONGOLE-523001. 3. THE DIVISIONAL PANCHAYAT OFFICER, MARKAPUR, PRAKASAM DISTRICT-523001. 4. DEVARAJUGATTU GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT-523320. 5. THE TAHSILDAR, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT-523001. ...RESPONDENT(S): Counsel for the Petitioner: 1. M S S SWAYAM PRAKASH BABU 2 SRS, J W.P.No.1035 of 2026 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: Heard Sri K.Tarun, learned counsel representing Sri M.S.S.Swayam Prakash Babu, learned counsel for the petitioner, Sri P.Rajesh, learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1 to 3, Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing Counsel appearing for respondent No.4 and Ms. P.Usha, learned Assistant Government Pleader for Revenue appearing for respondent No.5. 2. The petitioner filed the writ petition to declare the action of the 4th respondent in interfering with the possession of residential house and structures in an extent of Ac.0.02 cents in Sy.No.218 of Devarajugattu Village, Peddaraveedy Mandal, Prakasam District, without issuing the notice, is illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the 5th respondent issued a possession certificate vide No.RCA/38 dated 10.11.1998 in an extent of Ac.0.02 cents in Sy.No.218 of Devarajugattu Village. The petitioner constructed a residential house therein and has been residing therein. Be that as it may, the 4th respondent, the Panchayat Secretary, without issuing any notice, attempted to dispossess the petitioner. 3 SRS, J W.P.No.1035 of 2026 4. Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing Counsel appearing for respondent No.4, submitted written instructions dated 25.01.2026 of the 4th respondent, the Panchayat Secretary. A perusal of the said instructions shows that the petitioner has encroached upon some portion of the public road. The Gram Panchayat will survey along with the revenue authorities and remove the encroachments, if any, by following due process of law. The instructions further indicate that certain structures belonging to neighbours were removed, in pursuance of the directions of this Court in W.P.No.11391 of 2021, and owing to such removal, the petitioner has an unfounded apprehension. 5. Thus, as seen from the instructions submitted by the 4th respondent, there is no dispute regarding the existence of the petitioner’s house in an extent of Ac.0.02 cents in Sy.No.218 of Devarajugattu Village. The instructions further indicate that the authority will conduct a survey and, thereafter, follow due process. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission, with the consent of all the learned counsel, directing the 4th respondent, Panchayat Secretary, to issue notice to the petitioner and conduct a survey with the assistance of the revenue authorities in the presence of the petitioner. If any encroachment is found, the authority shall follow due process of law. The 4th respondent shall not interfere 4 SRS, J W.P.No.1035 of 2026 with the petitioner’s house without following due process. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 27.01.2026 BSK 5 SRS, J W.P.No.1035 of 2026 50 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1035 OF 2026 Date: 27.01.2026 BSK