CHALLA DURGA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Government Pleader for Panchayat Raj for Respondent No.1, learned Government Pleader for Revenue for Respondent Nos.2 and 3 and learned Standing Counsel for Gram Panchayat for respondent No.4 and perused the material placed on record.

(2.) Learned counsel for the petitioners submits that the petitioners herein are the residents of 4th Respondent Gram Panchayat and they got constructed houses and living at their respective houses since 70 years. While so, on 30/5/2025 Respondent No.4 Gram Panchayat issued notices alleging that the petitioners have encroached the Tank Poramboke of Subbaraju Drinking Water Tank and claiming health hazards to the public without conducting any proper enquiry, personal notice, or fair hearing. As such, the said notices were assailed by the petitioners in W.P.No.14247 of 2025 resulting in a categorical direction that the eviction notices be treated as show-cause notices, and that the petitioners were to be afforded an opportunity to submit explanation/objections to be duly considered by the 4th respondent herein, with "speaking orders" passed thereon in accordance with law. Accordingly, as directed by this Hon'ble Court, the petitioners submitted their respective explanations/objections dtd. 9/7/2025 substantiating their longstanding possession. But the respondent authorities failed to pass any speaking order on the petitioners' explanations/objections and instead, issued a fresh eviction notices dtd. 12/8/2025 directing the petitioner to vacate their respective houses within fifteen days. Aggrieved the same, the petitioners filed a W.P.No.22636/2025 and this Hon'ble passed orders as below:

(3.) Learned counsel for the petitioners further submits that to the utter surprise of the petitioners, in violation of orders of this Hon'ble Court as extracted above, the 4th Respondent herein erroneously and in contradiction to the orders of this Hon'ble Court, without any authority and without any proper enquiry the 4 th Respondent - the Secretary, Gram Panchayat, Mogallu passed speaking order under A.P. Land Encroachment Act, 1905 directing the petitioners herein to vacate their respective houses within fifteen days. Hence the Writ Petition.