APHC010612002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31559/2025 Between:

1. KOPPANATHI MURALI KRISHNA, S/O KOPPANATHI GOVINDU, AGED ABOUT 66 YEARS R/O, D/NO.18-38, DINTI MERAKA, KODURU VILLAGE, KODURU MANDAL, KRISHNA DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS., PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE TAHSILDAR, KODURU MANDAL, KRISHNA DISTRICT. 3.

3. THE ASSISTANT ENGINEER WATER RESOURCE DEPARTMENT, EAST SECTION, KODURU VILLAGE MANDAL, KRISHNA DISTRICT.

4.

4. MANDAL PARISHATH DEVELOPMENT OFFICER, KODURU VILLAGE MANDAL, KODURU DISTRICT. 5.

5. THE KODURU GRAM PANCHAYAT, REP BY IT PANCHAYATH SECRETARY, KODURU VILLAGE MANDAL, KRISHNA DISTRICT.

...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 impugned action of demolition notice dt.21-10-2025 (served on the petitioner on 11-11- 2025) by the 5TH respondent as highly arbitrary, illegal and against the relevant provisions of G.O.Ms.No.118, dt.21-07-2011, and Violation of provisions of Panchayat raj Act 1994 in Violation of Article 14, 19, 21 of Constitution of india and consequentially set aside the Demolition notice dt. 21-10-2025( Served on the petitioner on 11-11-2025) in Sy.No.888 for an extent of Ac.0.01 Cents in Koduru Village Mandal, Krishna District to pass IA NO: 1 OF 2025 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 direct the respondent No.5 not to dispossess/ Demoltion the petitioner property in Sy.No.888 for an extent of Ac.0.01 Cents in Koduru Village& Mandal, Krishna District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VARDHINEEDI SAI KIRAN Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

3. Yarraguntla.Koteswara Rao, Standing Counsel For Zilla Praja Parishads, Mandal Praja Parishads and Gram Panchayat The Court made the following order:

Challenging the demolition notice vide Rc.No.104/2025 dated 21.10.2025 issued (served on the petitioner on 11.11.2025) by respondent No.5-Gram Panchayat, Koduru Village, the present Writ Petition has been filed.

2. Heard Sri V.Saikiran, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri Y.Koteswararao, learned standing counsel for Gram Panchayat.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the forefathers of the petitioner constructed a hut in survey No.888 admeasuring Ac.0.01 cent in the year 1965 and obtained an electricity connection thereto. After the demise of the forefathers and subsequently the petitioner’s father, the said property devolved on the petitioner by way of inheritance. Since then, the petitioner has been in peaceful possession of the said property without any complaint. He further submitted that on 11.11.2025, respondent No.5 along with their staff came to the subject property and tried to demolish the hut and dispossess the petitioner from the subject property. When the petitioner resisted the highhanded action of respondent No.5, the Gram Panchayat issued a demolition notice dated 21.10.2025, which was served on the petitioner on 11.11.2025, directing the petitioner to remove the encroachments. He further contended that prior to the issuance of the said demolition notice, respondent No.5 said to have issued a show cause notice date