The failure to follow proper procedures in issuing encroachment notices violates due process rights, requiring evidence of longstanding possession to be considered before further action.

ORDER :

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“Pleased to issue a writ of Mandamus, or any other appropriate writ, order direction, declaring the action of the 4 Respondent in issuing Show Cause Notice vide Rc. No. 02/Encroachment Notice/2025, dated 06-08-2025, alleging that the Petitioners encroached graveyard land to an extent of (Ac. 0.20 cents, Ac. 0.187 cents, Ac. 0.204 cents, Ac. 0.094 cents, Ac. 0. 02 cents, Ac. 0.264 cents, Ac. 0.093 cents, Ac. 0.027 cents, Ac. 0.093 cents, Ac. 0.21 cents and Ac. 0.125 cents) out of Ac. 3.41 cents in Survey No. 207, Old Manjeru Village, Kajuluru Mandal, Kakinada District, despite knowing the fact that the Petitioners are residing in the same property since 40 years and taxes also levied and further trying to disposes the Petitioners without considering the explanations given by them on 13-08-2025, as illegal, arbitrary, and violative of Articles 14, 16 and 300A of the Constitution of India and consequently quash/set aside the said notice and all action taken pursuant thereto and pass.”

2. Heard the learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Revenue and learned Standing Counsel for the respondent-Gram Panchayat.

3. The learned counsel for the petitioners submits that the petitioners are in possession of the land to an extent of Ac.0.20 cents, Ac.0.187 cents, Ac.0.204 cents, Ac.0.094 cents, Ac.0.02 cents, Ac.0.264 cents, Ac.0.093 cents, Ac.0.027 cents, Ac.0.093 cents, Ac.0.21 cents and Ac.0.125 cents out of Ac.3.41 cents respectively in Survey No.207, Old Manjeru Village, Kajuluru Mandal, Kakinada District, since four decades and they have been eking out their livelihood by doing agricultural operations in respect of the subject lands.

4. However, the 4th respondent-Gram Panchayat issued show-cause notices dated 06.08.2025 to the petitioners without conducting and demarcation in accordance with law a proper survey as prescribed under the Andhra Pradesh Survey and Boundaries Act, 1923 (for short, 'the Act'), and without issuing any prior notice. Hence, the Writ Petition.

5. On the other hand, the learned Government Pleader for furnished a copy of written instructions issued by the Revenue has 4th respondent, wherein, it is stated that the land in Sy.No.207 admeasuring to an extent of Ac.3.41 cents, has been classified and notified as a Government burial ground for the benefit of the public or entire villagers of the respondent-Gram Panchayat.

6. While being so, the subject property which is situated in the said survey number has been encroached upon by the petitioners herein, along with some Others from the same village. To identify these encroachments, the respondents have conducted a survey and found that the petitioners, in total of 18 individuals, have occupied the land as described in the impugned notices dated 06.08.2025, thereby preventing its use for the purpose for which it was designated and notified.

7. It is further submitted that, in accordance with the terms of G.O.Ms.No.188, dated 21.07.2011, and Section 55 of the Andhra Pradesh Panchayat Raj Act, 1994, the Gram Panchayat, which is a local authority and custodian of community properties that are vested with the 1st respondent, has duty bound to protect such properties. Accordingly, in compliance with G.O.Ms.No.188, the Gram Panchayat initiated steps for the removal of encroachments in accordance with the Provisions of Section 98 of the Andhra Pradesh Panchayat Raj Act, 1994.

8. The learned Government Pleader further submitted that let the petitioners m