APHC010463562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Thursday, the 3rd day of September, 2026 Present Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 25240 of 2026 Between: Maddipati Kodandaram, ... Petitioner and The State of A. P. and Others ... Respondents Counsel for the petitioner: 1. Siva Rama Krishna Kolluru Counsel for the respondents: 1. G.P. for Panchayat Raj Rural Dev 2. G.P. for Roads Buildings 3. G.P. for Revenue The Court made the following: 2 BSB,J W.P. No.25240 of 2026 ORDER: The writ petition is filed under Article 226 of the Constitution of India to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus, declaring the impugned notice dated 01.09.2026, issued by the respondent No. 6 directing the petitioner to remove the portion of his residential property to an extent of 284 square yards bearing D.No.3-43, Pedda Ramalayam Street, Chandravaram Village, Chagallu Mandal, East Godavari District, within three days, failing which the same would be removed by the gram panchayat, as illegal, arbitrary, contrary to the specific order dated 19.02.2026 passed by this Court in W.P. No.4727 of 2026 and G.O.Ms.No.188 dated 21.07.2011 and violative of the principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India, and consequently, set aside the impugned notice dated 01.09.2026 and pass such other order as the Court may deem fit and proper. 2. The case of the petitioner, stated briefly, is as follows: a. The petitioner is the owner and possessor of the subject property and has been paying the house and electricity tax continuously since 2021. The respondents, without issuing any notice / proceeding, marked the compound wall of the petitioner’s property with red colour stating that the marked portion would be demolished for the purpose of road widening. Aggrieved by the same, the petitioner filed W.P. No.4727 of 2026 before this Court. b. The writ petition was disposed on 19.02.2026 directing the respondent No. 6 to follow the procedure by issuing notice, calling for the petitioner’s explanation and providing an opportunity of hearing to the petitioner, as per G.O. Ms. No.188, Panchayat Raj and Rural 3 BSB,J W.P. No.25240 of 2026 Development (Pts. IV) Department, dated 21.07.2011 (in short ‘G.O. Ms. No. 188’). c. While things stood thus, the respondent No. 6, without complying with the order of this Court in W.P. No.4727 of 2026, dated 19.02.2026 and without following due process of law, issued the impugned notice dated 01.09.2026 directing the petitioner to remove the constructions in the marked portion of the petitioner’s property. 3. The learned counsel for the petitioner submitted that despite the order of this Court in the earlier writ petition, directing the respondent to follow the procedure contemplated under G.O. Ms. No. 188, an inadequate notice dated 01.09.2026 was issued giving insufficient time of three days without specifying and mentioning the extent of the alleged encroachment and that too, without conducting any survey. He further submitted that the petitioner was not given any opportunity of giving explanation, but was merely asked to remove the construction failing which the gram panchayat would do so. Therefore, he submitted that the impugned notice is ex facie illegal. 4. The learned Standing Counsel for the respondent No. 6 submitted that the notice may be treated as one asking the petitioner to provide explanation, in case this Court finds that the notice is inadequate and that some time may be given to the petitioner to furnish the explanation. 5. A perusal of the notice indicates that no opportunity of hearing was given either by offering an explanation or participating in enquiry. That apart, the notice is also not in consonance with the rules made under Clause 4 of the G.O. Ms. No. 188, regarding the extent of the encroachment with measurements or any other kind of specific description. Thus, since the notice is not complying with the requirements under law i.e., G.O. Ms. No. 188, mere offering explanation does not 4 BSB,J W.P. No.25240 of 2026 serve any purpose as the property said to be encroached should be specifically identified by conducting proper survey through due process of law. 6. As such, the writ petition is allowed and the impugned notice dated 01.09.2026 is set aside. The respondents are directed to follow due process of law strictly in accordance with G.O. Ms. No.188, Panchayat Raj and Rural Development (Pts. IV) Department, dated 21.07.2011, if any action is required. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Date: 03.09.2026 Note: Issue C.C. by 08.09.2026. b/o. NSM 5 BSB,J W.P. No.25240 of 2026 151 Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 25240 of 2026 Date: 03.09.2026 Note: Issue C.C. by 08.09.2026. b/o. NSM