Andhra Pradesh High Court – Amravati
Paleru Sankara Rao vs The State Of Andhra Pradesh on 22 January, 2025
APHC010031972025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [0]
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT: HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No: 1603/2025
Between:
Paleru Sankara Rao ...PETITIONER
AND
The State of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. MAGANTI SAI KRISHNA
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR REVENUE
3. GP FOR PANCHAYAT RAJ RURAL DEV
4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram
Panchayats
The Court made the following:
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ORDER:
The present Writ Petition is filed under Article 226 of the
Constitution of India for the following relief/s:
“….to issue a Writ or Writs, more particularly one in the nature of a
Writ of Mandamus, declaring the action of the Respondents in
attempting to demolish the construction in Sy.No.584/3 of
Cherukuru Village, Paruchuru Mandal, Bapatla District, while the
matter is sub judice and pending disposal of the appeal dated
16.01.2025, preferred against the executive order dated
05.12.2024, as illegal, arbitrary, and violative of the principles of
natural justice and Articles 21 and 300A of the Constitution of India
and consequently direct the Respondents not to interfere with the
Petitioners’ peaceful possession of their houses located in
Sy.No.584/3, Cherukuru Village, Paruchuru Mandal, Bapatla
District, until the disposal of the appeal and the pending writ
petition, WP No.29890/2024 and further direct the Respondents
not to take any coercive action including demolition against the
Petitioners houses without following due process of law, until the
final disposal of the appeal and the writ petition and / or pass such
other orders…….”
2. Basing on the order in W.P. (PIL) No.208 of 2023 dated
20.12.2023, the 6th respondent-Panchayat Secretary issued notice
dated 07.11.2024, directing the petitioner herein to remove the
encroachments voluntarily, failing which, the Panchayat will take action
against the encroachers as per law.
3. Aggrieved by the said notice dated 07.11.2024, the petitioner
herein filed W.P.No.29890 of 2024 before this Court and the same is
sub-judice before this Court. Now the 6th respondent issued the present
impugned notice dated 05.12.2024, directing the petitioner herein to
hand over an extent of 96 square yards along with constructions for the
use of Gram Panchayat, indicating that an appeal is provided under
Section 128 of the A.P.Panchayat Raj Act, 1994.
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4. Accordingly, the petitioner herein filed an appeal before the 5th
respondent-District Panchayat Officer. Now the said appeal is pending
before the 5th respondent.
5. Learned Standing Counsel for the 6th respondent has furnished
proceedings dated 22.01.2025 of the Panchayat Secretary-6th
respondent. As per the said proceedings, it is admitted that an appeal
is pending before the 5th respondent-District Panchayat Officer.
6. If the subject property of the appeal is demolished during
pendency of the appeal, the appeal would render infructuous.
7. Hence, this Court, without going into the merits of the case, is
inclined to dispose of the Writ Petition with a direction to the 5th
respondent to dispose of the appeal, as expeditiously as possible,
preferably, within a period of four (4) weeks from the date of receipt of a
copy of this order. Till such time, the respondents are directed not to
take any coercive steps against the subject property.
8. With the above directions, the Writ Petition is disposed of. There
shall be no order as to costs. As a sequel thereto, Interlocutory
Applications pending, if any, shall stand closed.
__________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 22.01.2025
siva
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.1603 of 2025
Date: 22.01.2025
siva
