APHC010168962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8738/2025 Between: 1. PRATHIPATI SADU, S/O.DEVADASU AGED ABOUT 45 YEARS, OCC AGRICULTURE COOLIE, R/O.GADDAMANUGU VILLAGE, G.KONDURU MANDAL, NTR DISTRICT. ...PETITIONER AND 1. THE GADDAMANUGU GRAM PANCHAYAT, GADDAMANUGU VILLAGE, G.KONDURU MANDAL, NTR DISTRICT REP BY ITS PANCHAYAT SECRETARY. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. 2 The Court made the following ORAL ORDER: Heard Sri P. Nagendra Reddy, learned Counsel for the Writ Petitioner; Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development. 2. The present Writ Petition is filed challenging the action of the Respondent No.1 in issuing the Impugned Order dated 26.03.2025 (Ex.P.1). On perusal of said notice dated 26.03.2025 (Ex.P.1), this Court has noticed that though the said Proceeding is couched in the nomenclature of ‘Notice’, it is in fact an Order directing the Writ Petitioner to vacate from the premises, without seeking any explanation. Learned Counsel for the Writ Petitioner would submit that the notices which are in the form of Final Orders, without adhering to the Principles of Natural Justice, are unsustainable in law. 3. Sri V. Sai Kiran, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for ZPPs, MPPs and Gram Panchayat, has submitted the Written Instruction furnished by the Panchayat Secretary, Gaddamanugu Gram Panchayat, dated 03.04.2025. Copy of it is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 4. The said Written Instruction refers to the impugned notice as Reference No.2 and would indicate that no explanation has been furnished by the Writ Petitioner so far. The said impugned notice, as stated earlier, does not indicate that an explanation was sought from the Writ Petitioner. 5. Having regard to the above facts, this Court is in agreement with the submission made by the learned Counsel for the Writ Petitioner that the Official Respondents have not issued any Show Cause Notice indicating the allegation against the Writ Petitioner and ought to have required the Writ Petitioner to submit an explanation. 3 6. It is a prime requirement under the Principles of Natural Justice that before initiating any action that would adversely affect the rights of a Citizen, an incumbent duty is cast on the part of the Official Respondents to issue Show Cause Notice precisely stating the nature of allegation made against the Citizen and seek explanation from such Citizen by granting ‘reasonable time’. 7. The facts in the present case would indicate that the Official Respondents have not adhered to the elementary Principles of Natural Justice. This Court is also constrained to observe that the Official Respondents should desist themselves from passing Final Orders camouflaged in the form of ‘Notice’. Accordingly, the impugned notice dated 26.03.2025 (Ex.P.1) is set aside, as being illegal and unsustainable in law for the reasons aforesaid. However, the Respondent Authorities are at liberty to initiate fresh Proceedings, if they so desire, by following the due process of law as indicated above. 8.With these observations and directions, this Writ Petition stands allowed. No order as to costs. 9.Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 03.04.2025 JKS 4 50 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 8738 OF 2025 03.04.2025 JKS