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2026:APHC:20350

APHC010253552026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3331]

(Special Original Jurisdiction)

FRIDAY,THE EIGHTH DAY OF MAY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 13914/2026

Between:

1. S HAIK CHINNA KHAJAVALI ALIAS KHAJAVALI, S/O JUNNU SAHEB,

AGED ABOUT 66 YEARS, R/O D.NO. 3-66, NEKKALLU VILLAGE,

THULLURU MANDAL, GUNTUR DISTRICT

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT

BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT -

522237.

2. T HE COLLECTOR AND DISTRICT MAGISTRATE, GUNTUR

DISTRICT, GUNTUR - 522004.

3. T HE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT,

GUNTUR - 522004.

4. T HE MANDAL PARISHAT DEVELOPMENT OFFICER, THULLUR

MANDAL, GUNTUR DISTRICT -522237.

5. T HE NEKKALLU GRAM PANCHAYAT, REP.BY ITS PANCHAYAT

SECRETARY, NEKKALLU VILLAGE, THULLURU MANDAL,

GUNTUR DISTRICT -522237

6. T HE TAHSILDAR, , THULLUR MANDAL, THULLUR, GUNTUR

DISTRICT - 522237

...RESPONDENT(S):

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2026:APHC:20350

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 house consisting a small RCC daba therein admeasuring

100 Sq.yards in D.No.88, situate at Nekkallu Village, Thulluru Mandal, Guntur

District, without conducting proper enquiry, without verifying the allotment

made by the 6TH Respondent and the House Property Certificate 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 5^TH Respondent in respect of the petitioner’s house

consisting a small RCC daba therein admeasuring 100 Sq.yards in D.No.88,

situate at 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

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.

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2026:APHC:20350

2. Assailing the notice dated 10.04.2026 (Ex.P1) issued by the Panchayat

Secretary of the 5^th respondent, the petitioner filed the above writ petition.

3. Learned counsel for the petitioner would submit that the then Tahsildar

issued a possession certificate vide Ex.P2 in favour of the petitioner’s father

for an extent of 100 square yards in Sy.No.88 of Nekkallu Village. Thereafter,

the father of the petitioner constructed a RCC building and has been residing

therein. The 5^th 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 5^th respondent. The operative

portion reads as follows:

“It is humbly submitted that Survey No.88 is classified as Cheruvu

Poramboke (tank bed land). It