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2026 DAILYLAW 987 (AP)

Sripathi Bhaskar Rao, v. THE STATE OF ANDHRA PRADESH

WP/9620/2026 · 2026-04-09

Subba Reddy Satti

body2026

Judgment text

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APHC010182802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9620/2026 Between: 1. SRIPATHI BHASKAR RAO,, S/O SRIPATH NARASHIMHA RAO , AGED ABOUT 63 YEARS, OCC BUSINESS R/O 40-14-J/ LA, NEAR HDFC BANK, CHANDRAMOULI NAGAR, BENZ CIRCLE, VIJAYAWADA, ANDHRA PRADESH, 520010 2. SRIPATHI SRIDEVI, W/O SRIPATHI BHASKAR RAO, AGED ABOUT 60 YEARS, OCC HOUSE WIFE R/O 40-14-J/LA, NEAR HDFC BANK, CHANDRAMOULI NAGAR, BENZ CIRCLE, VIJAYAWADA, ANDHRA PRADESH. 520010 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI. 522237 2. THE COLLECTOR AND DISTRICT MAGISTRATE, NTR DISTRICT. 520002 3. THE PANCHAYAT SECRETARY, GRAMA PANCHAYATI, GOLLAPUDI, VIJAYAWADA RURAL MANDAL, NTR DISTRICT. 521225 4. THE STATION HOUSE OFFICER, BHAVANIPURAM PS 520012 ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing Notice R.O.C. No. 3/Gollapudi/2026 dated 01.04.2026 to demolish the petitioner property as Illegal arbitrary and consequently set- aside the notice and to pass such 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 to STAY all further proceedings pursuant to Notice R.O.C. No.3/Gollapudi/2026 dated 01.04.2026 pending disposal of the Writ Petition or to pass such Counsel for the Petitioner(S): 1. SRIPATHI RAVI TEJA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following order: Heard Sri C.Raghu, learned Senior counsel assisted by Sri S.Ravi Teja, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent and learned Assistant Government Pleader for Home for the 4th respondent. 2. Impugning the notice vide R.O.C.No.3/Gollapudi/2026 dated 01.04.2026 (Ex.P1) issued by the Panchayat Secretary of the 3rd respondent, the petitioners filed the above writ petition. 3. Sri C.Raghu, learned Senior counsel, would contend that initially the Panchayat Secretary of the 3rd respondent issued notice dated 13.02.2026 (Ex.P2). The 1st petitioner submitted an explanation dated 16.02.2026 (Ex.P3). The Panchayat Secretary of the 3rd respondent, acknowledged the same by affixing stamp. However, without conducting inquiry, the Panchayat Secretary of the 3rd respondent issued another notice dated 01.04.2026 (Ex.P1). 4. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the 3rd respondent, would submit that the Panchayat Secretary of the 3rd respondent will conduct an inquiry in pursuance of the notice dated 13.02.2026 (Ex.P2) and explanation submitted by the 1st petitioner dated 16.02.2026 (Ex.P3), as also another notice dated 01.04.2026 (Ex.P1) and pass appropriate orders. 5. Given the facts and circumstances of the case, inviting a counter and keeping the writ petition may not serve any purpose and hence the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, with the following directions: i) The Panchayat Secretary of the 3rd respondent shall conduct an inquiry in pursuance of the notice dated 13.02.2026 (Ex.P2), the explanation dated 16.02.2026 (Ex.P3) submitted by the 1st petitioner, and the notice dated 01.04.2026 (Ex.P1), by providing an opportunity of hearing to the 1st petitioner. ii) The Panchayat Secretary of the 3rd respondent shall pass a reasoned order in accordance with law, and communicate the same to the 1st petitioner. iii) During the course of the inquiry, the 1st petitioner is at liberty to file additional documents, if any. iv) Till a reasoned order is passed, the Panchayat Secretary of the 3rd respondent shall not interfere with the possession and enjoyment of the property of the 1st petitioner, mentioned in the notice dated 13.02.2026 (Ex.P2) and 01.04.2026 (Ex.P1). v) The Panchayat Secretary to the 3rd respondent shall complete the inquiry as expeditiously as possible preferably in two months from the date of receipt of the copy of the order. vi) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 10.04.2026 SNI 243 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9620 OF 2026 Date: 10.04.2026 SNI