Date of reserved for orders : Date of pronouncement : 29.06.2026 Date of uploading : 08.07.2026 APHC010689772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 35459/2025 Between: 1. KOTHA CHANDRASEKHARA RAO, , S/O K. ANJANEYULU, AGED ABOUT 44 YEARS, R/O 4-162, KOTARI CENTRE, ATCHEMPETA VILLAGE AND MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENTDEPARTMENT, SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238 2. THE COMMISSIONER, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT TADEPALLI, GUNTUR DISTRICT' 522501 3. THE DISTRICT PANCHAYAT OFFICER, PALNADU DISTRICT.522601 4. THE ATCHAMPETA GRAMA PANCHAYAT, REP BY ITS SECRETARY ATCHAMPET VILLAGE AND MANDAL, PALNADU DISTRICT. 522409 5. THE REVENUE DIVISIONAL OFFICER, SATTENAPALLI, PALNADU DISTRICT.522403 6. ANNAVARAPU SEETHA RAMASWAMI, S/O SATYANARAYANA, AGED ABOUT 72 YEARS, R/O D. NO- 3-80, MAIN ROAD, ATCHEMPETA VILLAGE, PALNADU DISTRICT, ANDHRA PRADESH 522409 2 SRK, J WP.No.35459 of 2025 ...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 of Mandamus, or any other appropriate writ, order, or direction declaring the action of Respondent No. 4 in issuing the Impugned notice cum order Vide RC.NO 52/2025 dated 28.11.2025 as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice, and contrary to Article 300-A of the Constitution of India, and consequently Set aside the impugned notice bearing RC.No.52/2025 dated 28.11.2025 and pass such 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 may be pleased to stay all further proceedings pursuant to the impugned notice bearing RC.No.52/2025 dated 28.11.2025 issued by the Respondent No.4; pending disposal of this Writ Petition, and pass such Counsel for the Petitioner: 1. BAGGI VENKATA PAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. V SAI KUMAR 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 SRK, J WP.No.35459 of 2025 O R D E R The present Writ Petition is filed seeking the following relief:- “…to issue a Writ of Mandamus, or any other appropriate writ, order, or direction declaring the action of Respondent No.4 in issuing the Impugned notice-cum-order vide RC.No.52/2025 dated 28.11.2025 as illegal, arbitrary, without jurisdiction, violative of the principles of natural justice, and contrary to Article 300-A of the Constitution of India, and consequently Set aside the impugned notice bearing RC.No.52/2025 dated 28.11.2025 and pass such other order”. 2. Case of the petitioner, in brief, is that the petitioner purchased a vacant site admeasuring 195½ Sq. Yards from Respondent No.6 under a registered Sale Deed dated 09.04.2003 and has been in peaceful possession thereof. The said site is situated adjacent to eastern side of rice mill belonging to Respondent No.6. After the petitioner obtaining permission for construction of an RCC house, Respondent No.6 allegedly started obstructing the construction and filed a civil suit for mandatory injunction, which is pending. During the pendency of the suit, suppressing material facts, Respondent No.6 is stated to have approached the authorities through PGRS, resulting in a survey report alleging encroachment of 11 links of land. The petitioner contends that the report was prepared without notice to him or without his participation and is a false and fabricated one. The petitioner further denies the allegation of encroachment on the road margin and submits that the house is situated about 45 feet away from the road, and that Respondent No.6 suppressed the pendency of the civil proceedings while approaching this Court by way of W.P.No.29887 of 2025. 3. Respondent No.6 filed a counter denying the allegations and contended that the Advocate Commissioner, after due notice and survey in the presence of the parties, reported that the petitioner had constructed beyond the 4 SRK, J WP.No.35459 of 2025 boundaries of his site mentioned in his registered sale deed and encroached upon the adjoining pathway. He further submits that the pathway was retained to provide access from the Atchempet–Madipadu Main Road to Respondent No.6's rice mill and serves as a common access for all plot owners. Hence, the petitioner cannot claim any exclusive right over or obstruct the use of the said pathway. 4. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Panchayat Raj and Rural Development and the learned counsel for the Respondent No.6. 5. A perusal of the material on record reveals that 4th respondent issued a show cause notice dated 28.11.2025 to the petitioner, calling upon him to furnish documents with him in respect of 11 links of land, on the northern side of his house, wherein he constructed a wall. Instead of submitting an explanation to the said show cause notice and furnishing documents, the petitioner has approached this Court by filing the present Writ Petition, contending that the impugned notice is not a valid show cause notice issued in accordance with law. 6. After arguing the matter for some time, learned counsel for the petitioner confined his submissions to the limited extent of seeking permission to submit a representation before the competent respondent authorities. 7. Recording the said submission, the Writ Petition is disposed of, granting liberty to the petitioner to submit a representation enclosing copies of relevant documents before the Respondent No.4 within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of such representation, Respondent No.4 shall consider and dispose of the same, in accordance with law, within a period of four (4) weeks thereafter. There shall be no order as to costs. 5 SRK, J WP.No.35459 of 2025 As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 29.06.2026. MS Whether the order is: Speaking ☑ Reasoned Reportable Non-reportable ☑ 6 SRK, J WP.No.35459 of 2025 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:35459 of 2025 Date: 29.06.2026 MS