A demolition notice issued by a local authority without providing the underlying survey report or a proper opportunity for the affected party to submit an explanation violates the principles of natural justice and is legally unsustainable.

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 pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the action of the 5th of the Respondent in issuing orders styled as notice (undated received on 21.04.2026) for demolition of the house of the petitioner situated in Sreedharaghatta village, Bommnahal Mandal, Anantapuramu District arbitrary and illegal and violative of principles of natural justice and contrary to the orders passed by the Honble High Court in W.P.No.30517 of 2024 dated 05.01.2026, besides violation of petitioners right guaranteed under Article 14, 21 and 300A 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 the orders of the 5th respondent styled as notice (undated received on 21.04.2026) for demolition of the house of the petitioner situated in Sreedharaghatta village, Bommnahal Mandal, Anantapuramu District pending disposal of the writ petition and to pass

The Court made the following order:

Heard Sri Harish Kumar Rasineni, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 2, Ms. Usha, learned Assistant Government Pleader for Revenue for the 3rd respondent, Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 4 and 5, and Sri Koti Reddy Idamakanti, learned counsel for the 6th respondent.

Assailing the notice dated 05.04.2026 (Ex.P1) issued by the Panchayat Secretary of the 5th respondent, the petitioner filed the above writ petition.

Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of a house site admeasuring Ac.0.06 cents in Sy.No.174 of Sreedharagatta Village, Bommanahal Mandal, Anantapur District. The plot originally belonged to Smt. Sunkamma w/o Hanumanthappa and Smt. Manikyamma w/o Thippeswamy. The Tahsildar, Bommanahal Mandal, issued possession certificates. Thereafter, the petitioner entered into an agreement of sale dated 18.10.2019.

The 6th respondent made a complaint to the 2nd respondent regarding the construction of a house by the petitioner and thereafter, filed W.P.No.30517 of 2024 along with some other persons. The writ petition was disposed of on 05.01.2026. However, without adhering to the directions in the writ petition, Ex.P1 notice was issued. Learned counsel for the petitioner would further submit that neither a survey was conducted nor a report was furnished to the petitioner.

Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 4 and 5, on instructions of the Panchayat Secretary, would submit that the Tahsildar conducted a survey and forwarded the report dated 02.04.2026 to the Gram Panchayat. Thereafter, Ex.P1 notice was issued.

Ms. Usha, learned Assistant Government Pleader for Revenue, submitted the written instructions of the Tahsildar – 3rd respondent.

As seen from the written instructions, notices were issued to the petitioner and the adjacent farmers to attend the survey, and, in fact, the petitioner and others attended the survey conducted on 02.04.2026. After surveying Sy.No.174, it was observed that the petitioner had constructed an RCC building in Sy.No.174 with a measurement of 13.5 meters in the North- South direction and 8.5 meters in the East-West direction.

Sri Koti Reddy Idamakanti, learned counsel for the 6th respondent, would submit that the petitioner constructed the structure without getting permission from the Gram Panchayat and by encroaching upon a public place.

The writ petition was initially listed on 27.04.2