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):

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.

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 is further submitted that nearly 65 famili