APHC010531742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27479/2024 Between:

1. P . SRINIVASULU,, S/O. CHINNA SUBBAIAH, AGED ABOUT 39 YEARS, OCC- CULTIVATION, R/O. RAVIPADU VILLAGE, CUMBUM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH.

2. P . CHINNA SUBBAIAH,, S/O. PEDDA CHENCHAIAH, AGED ABOUT

72 YEARS, OCC- CULTIVATION, R/O. RAVIPADU VILLAGE, CUMBUM MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, A.P.

SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE RAVIPADU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETAIY, RAVIPADU VILLAGE, CUMBUM MANDAL, PRAKASAM DISTRICT.

3. T HE TAHSILDAR, CUMBUM MANDAL, PRAKASAM DISTRICT.

4. M UTHYALAPATI VENKATA GURAVAMMA, W/O. KOTA SUBBAIAH, AGED ABOUT 57 YEARS, R/O. RAVIPADU VILLAGE, CUMBAM MANDAL, PRAKASAM DISTRICT.

5. M UTHYALAPATI LAKSHMI KANTHAMMA, W/O. SANKAR, AGED ABOUT 47 YEARS, R/O. RA/IPADU VILLAGE, CUMBAM MANDAL, PRAKASAM 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 may be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.2 in issuing the impugned notice dt.22. 01.2024 as illegal, arbitrary, unconstitutional and without jurisdiction and in violation of Articles 14, 21 and 300-A of the Constitution of India, Consequently set aside the same by directing the respondents not to interfere with the land of the petitioners admeasuring an extent of Ac.0.08 Va cents in Sy.No.l84 of Ravipadu Village, Cumbum Mandal, Prakasam District and pass IA NO: 1 OF 2024 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 may be pleased to suspend the impugned notice dt.22.11.2024 by directing the respondents not to interfere with the land of the petitioners admeasuring an extent of Ac.0.08 7^ cents in Sy.No.l84 of Ravipadu Village, Cumbum Mandal, Prakasam District, pending disposal of the above writ petition and 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 vacate the order dated. 27.11.2024 passed in WP No. 27479 of 2024 in the interest of justice and 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 May be pleased to grant leave to the petitioner in filing of the reply affidavit filed in WP No. 27479 of 2024 and pass Counsel for the Petitioner(S):

1. V VINOD K REDDY Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. SUBBA RAO KORRAPATI

3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following:

:: ORDER ::

Impugning the notice dated 22.11.2024 (Ex.P1), issued by respondent No. 2, Panchayat Secretary, the above writ petition was filed.

2. Heard Sri Sudhakar, learned counsel representing Sri V. Vinod K Reddy, learned counsel for the petitioners; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appeared for respondent No.1; Sri Hruthik, learned counsel representing Sri M. Sudhir, learned Standing Counsel appeared for respondent No.2; learned Assistant Government Pleader for Revenue appeared for respondent No.3 and Sri K.

Subba Rao, learned counsel appeared for respondents 4 & 5.

3. (a) Learned counsel for the petitioners would submit that 1^st petitioner is the owner and possessor of land of an extent of Ac.0.08 ½ cents in Sy.No.184 of Ravipadu Village, Cumbum Mandal, Prakasam Di