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2026:APHC:5233

APHC010051262026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3331]

(Special Original Jurisdiction)

THURSDAY,THE FIFTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 3091/2026

Between:

1. K ONDURI DURGA NAGESWARAMMA, W/O KODURI

VEERABRAHMAM, AGED ABOUT 50 YEARS, R/OD. NO 7-113,

NIDAMANURU VILLAGE, NTR DISTRICT, ANDHRA

...PETITIONERPRADESH-521104

...PETITIONER

AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY,

DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT,

SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.

2. T HE DISTRICT COLLECTOR, BUCKINGHAMPETA, VIJAYAWADA,

NTR DISTRICT, ANDHRA PRADESH 520010. 3.

3. T HE TAHSILDAR, NIDAMANURU, NTR DISTRICT - 521104 4.

4. G RAM PANCHAYAT, NIDAMANURU VILLAGE, REP. BY ITS

SECRETARY, NIDAMANURU, NTR DISTRICT - 521104. 5.

5. D ISTRICT PANCHAYAT OFFICER, VIJAYAWADA BYPASS RD,

VENKATESWARA NAGAR, MAHENDRA NAGAR, GOLLAPUDI,

ANDHRA PRADESH, NTR DISTRICT-521225

...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 topleased to issue and appropriate Writ, Order or direction, more

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2026:APHC:5233

particularly one in the nature of Writ of MANDAMUS or any other writ by

declaring the action of the 4th respondent in issuing the impugned demolition

order under the guise of notice vide Roc. No. 4/2025-26 dated 23.01.2026

without issuing any show cause notice, without conducting any enquiry and

an opportunity of being heard and without following the due process of law as

illegal, arbitrary, unjust, untenable and contrary to principles of natural justice

besides being violative of Article 21, 300-A of Constitution of India and

provisions of A.R Panchayat Raj Act, 1994 and G.O. Ms. No. 188 PR RD

Dept. Dated 21.07.2011 and consequently direct the respondent authorities

not to interfere with the possession of the petitioner over the subject property

bearing D. No 7-113, Nidamanuru Mandal, NTR District by setting the

impugned notice vide Roc. NO. 4/2025-26 dated 23.01.2026 to pass

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

pleased to direct the respondent authorities to not to take any coercive

actions against the petitioners subject property and not to interfere with the

peaceful possession of the petitioner’s subject property bearing D. No.: 7-

113, Nidamanuru Mandal, NTR District and / or pass such other order or

orders as this Hon’ble Court may deems fit and proper in the circumstances

of the case

Counsel for the Petitioner:

1. GANTA PRASAD

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

The Court made the following:

::ORDER ::

Heard Sri Ganta Prasad, learned counsel for the petitioner; Sri P.Rajesh

Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural

Development, for respondents 1, 2 and 5; Ms. P. Usha, learned Assistant

Government Pleader for Revenue, for respondent No.3 and Sri Chaitanya,

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2026:APHC:5233

learned counsel representing Sri Y. Koteswara Rao, learned standing counsel

for respondent No.4.

2. Assailing the notice issued by the Panchayat Secretary of respondent

No.4 vide ROC No.4/2025-26 dated 23.01.2026, directing the petitioner to

remove the house on the allegations that it was constructed by encroaching

upon the burial ground and in dilapidated condition, the above writ petition is

filed.

3. Learned counsel for the petitioner would submit that neither a show

cause notice was issued nor an opportunity was given to the petitioner before

issuance of Ex.P1, notice. He would thus contend that Ex.P1 violates the

principles of natural justice.

4. Learned counsel for respondent No.4, on instructions of respondent

No.4 would fairly submit that no show cause notice was issued to the

petitioner before issuing Ex.P1, notice. Learned counsel would submit that