DISTRICT v. KANCHERUVU VILLAGE

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, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 4 to 7 in starting the activity of demolition of the Petitioners building bearing Door No. 2-24, Assessment No. 224 in L.P.No.280 (R.S.No.44-12) to an extent of Ac.0-11 Cents and attempting to dispossess him from his house site in L.P.No.130 (R.S.No. 44-13) to an extent of Ac.0-06 Cents out of Ac.0-30 Cents situated at Kancheruvu Village, Varikuntapadu Mandal, 2 SRK, J W.P.No.22238 of 2026 SPSR Nellore District without giving any notice and without following due process of law as illegal, unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and contrary to the Provisions of the AP Panchayat Raj Act and A.P. Gram Panchayat Land Development (Layout and Building) Rules 2002 and Principles of Natural justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the Petitioner from his building 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 Direct the respondents not to disturb the possession and enjoyment of the Petitioner’s building bearing Door No. 2-24, Assessment No. 224 in L.P.No.280 (R.S.No.44- 12) to an extent of Ac.0-11 Cents and attempting to dispossess him from his house site in L.P.No.130 (R.S.No. 44-13) to an extent of Ac.0-06 Cents out of Ac.0-30 Cents situated at Kancheruvu Village, Varikuntapadu Mandal, SPSR Nellore District in any manner including the demolition Counsel for the Petitioner:

1. RAMBABU KOPPINEEDI Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. SASANKA BHUVANAGIRI (SC FOR NON SERVICES ZPPS MPPS GP FOR RAYALASEEMA SPSR NELLORE PRAKASAM)

3. GP FOR REVENUE The Court made the following: SRK, J W.P.No.22238 of 2026 3 O R D E R Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development, learned Assistant Government Pleader for Revenue, and the learned Standing Counsel for Gram Panchayat.

2. This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 4 to 7 in starting the activity of demolition of petitioner’s building bearing Door No.2-24, Assessment No.224 in L.P.No.280 (R.S.No.44-12) to an extent of Ac.0.11 cents and attempting to dispossess him from his house site in L.P.No.130 (R.S.No.44-13) to an extent of Ac.0.06 cents out of Ac.0.30 cents situated at Kancheruvu Village, Varikuntapadu Mandal, SPSR Nellore District, without giving any notice and without following due process of law, as illegal, unconstitutional and violative of Articles 14, 19, 21 and 300A of the Constitution of India, and contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 and principles of natural justice, and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the petitioner from his building and pass such other order or orders …”

3. Grievance of the petitioner is that, he is the absolute owner and possessor of individual building bearing Door No.2-24, Assessment No.224 in L.P.No.280 (R.S.No.44-12) to an extent of Ac.0.11 cents and house site in L.P.No.130 (R.S.No.44-13) to an extent of Ac.0.06 cents out of Ac.0.30 cents situated at Kancheruvu 4 SRK, J W.P.No.22238 of 2026 Village, Varikuntapadu Mandal, SPSR Nellore District, and the subject site is situated abutting to his residential house, and it is his ancestral property, got by way of succession, and he has been in peaceful possession and enjoyment of the same. There are two electricity poles erected in the house site, and there is a road existing on western side to his house site property. The Electricity Department provided electricity service connection to his building vide Electricity Service Connection USC No.342140000062 and 7th respondent-Gram Panchayat has been levying house tax from the petitioner. (b) The respondent Nos.4 to 7 and some of the persons claiming themselves as Panchayat Department, visited the premises of petitioner on 29.07.2026 and made markings; that when the petitioner approached 7th respondent, they stated that some of the local politicians are influencing the authorities to demolish part of his building and directed to evict him from his house site; that the respondent Nos.4 to 7 again visited the petitioner’s land on

31.07.2026 with bulldozer and other machinery for demolition of the building. Hence, the Writ Petition.

4. Today, when the matter has come up before this Court, learned Standing Counsel for Gram Panchayat, on written instructions received from the Kancheruvu Gram Panchayat, represented by its Panchayat Secretary/Panchayat Development Officer, Kancheruvu 5 SRK, J W.P.No.22238 of 2026 Village, Varikuntapadu Mandal, SPSR Nellore District-7th respondent, submits that the Gram Panchayat never interfered with the peaceful possession and enjoyment of the petitioner over the building bearing Door No.2-24 or the house site in L.P.No.130 (R.S.No.44-13) of Kancheruvu Village, and no attempt has been made by the Gram Panchayat or its officials to demolish the building or dispossess the petitioner at any point of time. He further submits that there is no proposal whatsoever, either pending or under consideration before the Kancheruvu Gram Panchayat to demolish the petitioner’s building or to take any action for dispossession, and the Gram Panchayat neither passed any resolution nor taken any decision for demolition of the said structure. The written instructions are placed on record.

5. Recording the aforesaid submission, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 14th August, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓