Tadikonda

Dt: 25-11-2023

To
The Tadikonda Gram Panchayat Body,
Rep by its Sarpanch,
O/o Gram Panchayat, Tadikonda
Tadikonda (Village& Mandal),
Guntur District.

From:
Vallepu Venkateswarlu,
S/o Nagaiah, aged: 49 years,
R/o 9-158, Tadikonda Mandal,
Guntur-522236
Correspondence address:
25-23-97, KVP Colony,
Guntur

APPEAL FILED UNDER SEC 128(1) OF THE ANDHRA

PRADESH PANCHAYAT RAJ ACT, 1994 AGAINST THE
ORDER PASSED BY THE EXECUTIVE AUTHORITY I.E.,
PANCHAYAT SECRETARY OF TADIKONDA PANCHAYAT IN
RC NO: 9/2023 DT: 10-11-2023.
1. I am the owner and possessor of the property of land
including RCC structure at Tadikonda Village. My predecessors,
my family and me were in possession of said property from long
ago. An RCC shed has been in existence for so long. Ever since I
became the owner of the property, I am in the possession of the
above Property. The Tadikonda Gram Panchayat also gave house
number 9-158 was allotted long back and has been collecting
house tax every year till date. I was also allotted electricity
connection by the electricity authorities vide service connection
USC NO: 9232301003919.

2. I further submit, while things stood above, I received a

notice from Tadikonda Village Panchayat Office issued by
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Panchayat secretary on 06.05.2023. The said notice was issued
as per Andhra Pradesh Village Panchayat building Rules GOMS
No: 67(PR & RD) Dt: 26-02-2002 and GOMS No: 188 (PR & RD)
Dt: 21-07-2011. It was stated that, I made unauthorized
construction in Government land in SY No: 369/2 and 370 of
Tadikonda Mandal, Guntur District. I was asked to submit my
explaination within 7 days as to why the structures should not
be demolished. Notice Dt: 20.07.2023 was also issued for an
extent of 306 Sq feet. I gave a written reply on 28.07.2023

3. I submit that, again on 01-11-2023, I received a notice

from Panchayat secretary, Tadikonda asking me to appear before
him on or before 09-11-2023 to give oral explaination . I
personally appeared and submitted the documents and gave
explaination.

4. I submit that, Shockingly the Tadikonda Panchayat

secretary passed an order in RC No: 9/2023 Dt: 10-11-2023.
The said order was received by me through registered post on
20.11.2023. Vide the order, the executive authority directed me
to vacate the property and surrender it to Government within 15
days of receipt of the order by demolition of structures.

5. The said order is being assailed for the following among

other grounds:

GROUNDS

a. The order of the executive authority i.e., Panchayat

secretary, Tadikonda Dt: 10-11-2023 in RC NO: 9/2023 is
illegal, arbitrary, violative of principles of natural justice.

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b. The order was passed without considering my reply,
wherein I specifically took a plea that the notice was not specific
as to how the house was unauthorizedly constructed.

c. It was stated in the order that, the Hon’ble High court vide
order in WP (PIL) No: 173/2023 directed removal of
unauthorized constructions in SY No: 369/2 and 370 which is
classified as AKKADEVATA CHERUVU and pursuantly they
issued notices and acted. But in the notice Dt: 06.05.2023, there
was no reference to the PIL and mentioned only the Andhra
Pradesh Village Panchayat building Rules GOMS No: 67(PR &
RD) Dt: 26-02-2002 and GOMS No: 188 (PR & RD) Dt: 21-07-
2011. There is no violation of provisions of The A.P. Gram
Panchayat Land Development (Layout and Building) Rules,
2002. Since the structure was constructed prior to 2002, the
said rules were not applicable, since there will not be
retrospective effect.

d. The executive authority of panchayat can only pass

eviction or demolition order as per the G.O.M.S No: 188 (PR &
RD) Dt: 21-07-2011, only if any property of panchayat is under
unauthorized occupation. But in the notice dt: 06-05-2023, it
was only mentioned that, Government land was under
occupation. No where in the notices or order passed by the
executive authority, it was mentioned how the land belongs to
panchayat and its nature.

e. The notice Dt: 06-05-2023 vaguely mentioned, I occupied

Government land in SY No: 369/2 and 370 and made illegal
construction. It did not specifically state, in which Survey

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number, the alleged illegal construction was done. Therefore, it
is clear that, no survey was done by the panchayat secretary,
Tadikonda to determine if there was any encroachment and if at
all there was an encroachment in which survey number it is
present. Vaguely the notices were issued mentioning that the
property was present in 2 survey numbers. Such vague notices
and order are not sustainable and tenable.

f. The panchayat secretary cannot summarily pass

demolition and eviction orders, when there is long-standing
possession over the property. When there are disputed questions
of fact regarding the identity of the property, it is for the
competent civil court to decide the said issues. Therefore, the
executive authority exceeded his jurisdiction and passed the
orders.

g. Even assuming for a moment that, there was violation of

The A.P. Gram Panchayat Land Development (Layout and
Building) Rules, 2002, the District Panchayat or his officers are
only competent to pass orders of demolition and issue suitable
instructions to the executive authority or any other body for
necessary action against the unauthorized construction.
Therefore, the executive authority i.e., Panchayat Secretary,
Tadikonda is devoid of power to pass the impugned order.

h. Without issuing notices Dt: 28.12.2023, it was cited as

reference, in notice DT: 01-11-2023, which shows that, there
was non-application of mind and the procedure was not followed
properly by the authority.

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i. In the impugned order Dt: 10-11-2023, Surprisingly no
survey report was referred and without any documentary
evidence, the executive authority came to a conclusion that the
construction was unauthorized.

j. The authority acted with predetermined mind and passed

stereotypic order without perusing reply Dt: 28-07-2023 and
material documents on record. No reasons were assigned for
brushing aside the reply and contentions raised in the replies.
Similar demolition orders were passed in other case with similar
reasons.

k. The authority failed to take note of the fact that I and my

family are in possession of the property ever since, the village
panchayat assigned house numbers and assessment numbers
and collected tax for many years by providing all the amenities
and utility services. Laid roads in the said survey numbers, if
suddenly the whole survey numbers are said to be tank lands,
the panchayat is also encroacher and concerned departments
should conduct enquiry and determine, there was any
encroachments.

l. The order is blatantly illegal because 15 days time was

given to vacate the property in demolition without specifying that
an appeal lies to Gram panchayat. The limitation for filing appeal
is 30 days and giving only 15 days time is denying an
opportunity of appeal, which is against the scheme of Panchayat
Raj Act and allied rules.

m. In the order, there was a perverse statement that, I

submitted only electricity bill and house tax receipts, which

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shows that, the authority did not go through the registered
document submitted by me , which clearly shows that my
evidence was not properly appreciated before passing the
impugned final order Dt: 10-11-2023.

n. Other grounds will be urged at the time of hearing.

6. I may be given opportunity of personal hearing, so that I

could produce all the documents available with proper reasons.
Since an order of demolition is passed and only 15 days time is
given and there is imminent threat of demolition and hence the
urgency for interim order pending appeal.

Therefore, it is prayed that the Tadikonda Gram Panchayat

may be pleased to call for all the records and set aside the
impugned order of the Executive authority-cum-Panchayat
Secretary, Tadikonda in RC No: 9/2023 Dt: 10-11-2023 and
pass such other order or orders that may be fit proper in the
facts and circumstances of the case in the interest of justice.

Pending disposal of main appeal, it is therefore prayed

that, the Tadikonda Gram Panchayat may be pleased to stay all
further proceedings including demolition and eviction from
property pursuant to order passed by the executive authority in
RC No: 9/2023 Dt: 10-11-2023 and pass such other order or
orders that may be fit proper in the facts and circumstances of
the case in the interest of justice.

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 (Vallepu Venkateswarlu)

Enclosure:

1. Order passed by the executive authority Dt: 10-11-2023 in

RC No: 9/2023.

Copy to:

1. The Collector-cum-District magistrate Guntur district.