ORDER :

SUBBA REDDY SATTI, J.

1. Heard Sri P.Diwakar Reddy, learned counsel for the petitioners, Sri Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development for respondents 1 & 2; Ms.Usha, learned Assistant Government Pleader for Revenue for respondents 2, 5 & 6, Ms.Kavitha, learned counsel representing Sri M.Sudhir, learned standing counsel for 4^th respondent.

2. The petitioners, wife and husband, filed the above writ petition impugning the notice dated 20.04.2023 (Ex.P1) issued by the 4^th respondent and thereafter demolishing the compound wall of the house bearing D.No.1/90-D, Golla Street, Muddanur village and Mandal, without following procedure envisaged under Rule 4 (i) & (ii) issued vide G.O.Ms.No.188, Panchayat Raj & Rural Development (Rules), dated 21.07.2011, as illegal and arbitrary and consequently direct the respondents to reconstruct the wall.

3. a) Averments in the affidavit, in brief, are that the petitioners are the absolute owners and possessors of land admeasuring Ac.0.04½ cents in S.No.324/1C of Ward No.1, Golla Street, Muddanur village and Mandal, YSR Kadapa District. They purchased the said land under two registered sale deeds bearing document Nos.2262 and 2267 of 2007 dated 30.10.2007. After getting necessary permission from the 4^th respondent, the petitioners constructed a residential house consisting ground and first floor in the year 2014. The compound wall was also constructed as per the plan. Thereafter, petitioners recently renovated the compound wall and installed a new gate in place of the old gate and also increased the height of the compound wall. b) As the matter stood thus, the 6^th respondent issued a notice dated 18.04.2023 (Ex.P2) intimating the petitioners that a survey would be conducted on 20.04.2023 and further requested the petitioners to attend the survey along with relevant documents. The 1^st petitioner attended the survey on 20.04.2023 and submitted all relevant documents. However, without proper verification of documents and giving an opportunity to the petitioners, the 4^th respondent conducted a survey and issued notice to the petitioners to remove the encroachments marked. The notice issued by the 4^th respondent does not indicate the measurement of land encroached upon by the petitioners. The petitioners made a representation dated 21.04.2023 to the 4^th respondent to survey the entire street. However, the respondents 4 to 6 failed to conduct the said survey.

4. The writ petition was listed on 04.05.2023. A coordinate bench of this Court directed the authorities to consider the representation dated 21.04.2023 made by the petitioners and pass appropriate orders within four weeks.

5. a) A counter affidavit was filed on behalf of the 4^th respondent, deposed by the Panchayat Secretary. It was contended, inter alia, that the villagers made a representation regarding the inconvenience to the free flow of traffic and requested the authority to conduct a survey and remove encroachments made by the petitioners. The 6^th respondent, upon request made by the 4^th respondent, issued a notice dated 18.04.2023 under Section 23 of A.P. Survey and Boundaries Act, 1923 (for short “the Act”), requesting the petitioners to attend the survey scheduled on 20.04.2023 in S.No.324. The 6^th respondent surveyed after the due verification of the documents and identified the encroachments made by the petitioners.

b) The Panchayat Secretary of the 4^th respondent issued a notice dated 20.04.2023 directing the petitioners to remove the encroachments. The petitioners admitted the encroachments by themselves. The petitioners failed to remove the encroachments in pursuance of the notice referred to supra. The Panchayat Secretary of the 4^th respondent questioned them after expiry of the time stipulated in the notice (Ex.P1). The petitioners orally assured the Panchayat Secretary to remove the encroachments. With the acceptance of the petitioners, the Panchayat Secretary of the 4^th respondent