Andhra Pradesh High Court - Amravati
Jakkamsetti Nagamani vs The State Of Ap on 16 April, 2025
APHC010196362025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [0]
(Special Original Jurisdiction)
WEDNESDAY ,THE SIXTEENTH DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 9854/2025
Between:
1. JAKKAMSETTI NAGAMANI, W/O LATE SEKHAR, AGED ABOUT 53
YEARS, OCC HOME MAKER, R/O 6-67, KALIPATNAM VILLAGE,
MOGALTURU MANDAL WEST GODAVARI DISTRIC
...PETITIONER
AND
1. THE STATE OF AP, REVENUE DEPARTMENT, REP BY ITS PRL.
SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT
DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, GUNBTUR
DIST.,
2. DISTRICT COLLECTOR, WEST GODAVARI, BHIMAVARAM, WEST
GODAVARI DISTRICT
3. MANDAL REVENUE OFFICER, MOGALTURU MANDAL, WEST
GODAVARI DISTRICT
4. KALIPATNAM WEST GRAM PANCHAYAT, REP BY ITS EXECUTIVE
AUTHORITY-CUM-PANCHAYAT SECRETARY. GRAMA
SACHIVALAYAM, KALIPATNAM VILLAGE, MOGALTURU MANDAL
WEST GODAVARI DISTRICT.
5. ASSISTANT EXECUTIVE ENGINEER, ROADS AND BUILDINGS,
NARSAPURAM, WEST GODAVARI DISTRICT..
...RESPONDENT(S):
2
Counsel for the Petitioner:
1. SRIMAN
Counsel for the Respondent(S):
1. GP FOR REVENUE
The Court made the following ORAL ORDER:
Heard Sri Sriman, learned Counsel for the Writ Petitioner; Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue; Ms. Sowmya, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat and Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings.
2. The present Writ Petition is filed seeking following prayer :
".......to issue a writ order or direction more particularly a one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in issuing the Notice dated 08.04.2025 is without jurisdiction and authority of law, is illegal, arbitrary, in violation of principles of natural justice, in violation of the Article 14 of the Constitution of India and consequentially to setting aside the Notice dated 08.04.2025 and to pass such other order or orders as this Hon‟ble Court may deem fit and proper in the circumstances of the case".
3. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Notice issued by the Panchayat Secretary, dated 08.04.2025 (Ex.P.1). The said Notice would indicate that the Writ Petitioner was directed to vacate on the ground that the Writ Petitioner has illegally encroached certain portion of the land belonging to the Government.
4. Learned Counsel for the Writ Petitioner would submit that the Order is couched under the nomenclature of „Notice‟, whereas in effect, it is a Final Order, which has been issued against the Writ Petitioner to vacate the alleged encroached portion, without issuing any prior Show Cause Notice. Learned Counsel for the Writ Petitioner would submit that, by virtue of the Impugned 3 Notice, the right to submit an explanation explaining the version of the Writ Petitioner has been deprived, which is a violation of Principles of Natural Justice.
5. This Court has sifted through the contents of the Show Cause Notice dated 08.04.2025 (Ex.P.1). This Court has also noticed that there is no prior Show Cause Notice that was issued to the Writ Petitioner bringing it to her notice as regards the specific nature of illegality. It is also noticed that no time has been granted to the Writ Petitioner to explain her version/case.
6. Having perused the same, this Court is in agreement with the submissions made by the learned Counsel for the Writ Petitioner that the Impugned Proceedings though has been couched under the nomenclature of „Notice‟ is certainly a Final Order, which has been passed without seeking any prior explanation from the Writ Petitioner.
7. This Court, under these circumstances, is of the view that the Official Respondents herein have acted in violation of Principles of Natural Justice, and therefore, the Impugned Proceedings, which is in the form of Notice is unsustainable in law, and therefore, the same is set aside.
8. The respective Counsel appearing for the Official Respondents are directed to convey the gist of this Order to the Official Respondents forthwith for effective compliance.
9. With these observations and directions, this Writ Petition stands allowed. No order as to costs.
10.Interlocutory Applications, if any, stand closed in terms of this order.
______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 16.04.2025 Note: Issue C.C by 17.04.2025.
B/O JKS 4 42 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 9854 OF 2025 16.04.2025 JKS