Coercive action for the removal of alleged encroachments on government land cannot be taken without conducting a proper survey to identify the land and following the due process of law, including providing a reasonable opportunity to be heard.

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 or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 5th Respondent in issuing the impugned notice, dated 10-04-2026, seeking removal/demolition of the petitioner's RCC Daba house situated in an extent of Ac.0.03 cents in Survey No.88, Nekkallu Village, Thulluru Mandal, Guntur District, without conducting proper enquiry, without verifying the allotment made by the 6th Respondent and the House Property Certificate, dated 29-08-2017, and without affording any reasonable opportunity to the petitioner, as illegal, arbitrary, violative of principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the same 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 to stay all further proceedings pursuant to the impugned notice, dated 10-04-2026 issued by the 5th Respondent in respect of the petitioner’s RCC Daba house situated in Ac.0.03 cents in Survey No.88, Nekkallu Village, Thulluru Mandal, Guntur District and pass

Counsel for the Petitioner:

1. KONDETI RANGA SRINIVAS

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

The Court made the following order:

Heard Sri Kondeti Ranga Srinivas, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 3, Ms. Usha, learned Assistant Government Pleader for Revenue for the respondents 2 and 6, and Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 4 and 5.

2. Assailing the notice dated 10.04.2026 (Ex.P1) issued by the Panchayat Secretary of the 5th respondent, the petitioner filed the above writ petition.

3. Learned counsel for the petitioner would submit that the then Tahsildar issued a possession certificate dated 29.08.2017 (Ex.P3) in favour of the petitioner for an extent of Ac.0.03 cents in Sy.No.88 of Nekkallu Village. Thereafter, the petitioner constructed a residential building after obtaining a loan from the Andhra Pradesh State Housing Corporation (Ex.P2) and has been residing therein. The 5th respondent assessed the building to tax, and the petitioner has been paying the tax. Be that as it may, a notice dated 10.04.2026 (Ex.P1) was issued without issuing any prior show cause notice or conducting a survey.

4. Sri Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 4 and 5, submitted the written instructions of the Panchayat Secretary of the 5th respondent. The operative portion reads as follows:

“It is humbly submitted that Survey No.88 is classified as Cheruvu Poramboke (tank bed land). It is further submitted that nearly 65 families have encroached upon the said land in Survey No.88, and the petitioner is one among such encroachers.

It is respectfully submitted that, with a view to remove the said encroachments, this Gram Panchayat has issued a notice dated 10.04.2026, directing the encroachers to remove the encroachments within a period of thirty (30) days.

It is further submitted that, in the event of non-compliance, the Gram Panchayat shall proceed in accordance with due process of law, as per G.O.Ms.No.188, by issuing further notices, calling for explanations, and providing an opportunity to the