1 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 11326 & 11353 of 2025 COMMON ORAL ORDER: Heard Sri Akkem Srihari Virat, learned Counsel for the Writ Petitioners, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri P.A.K Yadav, learned Counsel appearing on behalf of Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat. 2. The Impugned Notices in both the Writ Petitions dated 22.04.2025 are issued by the Panchayat Secretary of Podalakur Gram Panchayat (Respondent No.4) dated 22.04.2025 (Ex.P.1 in both the Writ Petitions). 3. Learned Counsel for the Writ Petitioners would submit that the Impugned Proceedings, though shown under the nomenclature of a Notice, are essentially the final orders passed behind the back of the Writ Petitioners and without adhering to the principles of nature justice. 4. Learned Counsel for the Writ Petitioners would submit that no advance Notice has been issued to the Writ Petitioners indicating the precise encroachment. Since no advance Notice was issued, the Writ Petitioners did not have an opportunity to submit any kind of explanation. 5. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the various Sale Deeds and submitted that the Writ Petitioners have valid and legal title by virtue of Registered Sale Deed. 6. This Court has perused the Impugned Proceedings issued by the Panchayat Secretary of Podalakur Gram Panchayat (Respondent No.4) dated 22.04.2025 (Ex.P.1 in both the Writ Petitions). 7. This Court has noticed that the Impugned Proceedings are styled under the nomenclature of a Notice, but are essentially a final Order, inasmuch as the 2 Respondent Authorities have given findings that the Writ Petitioners have encroached the land belonging to the Zilla Praja Parishad Girls High School and the Petitioners were asked to vacate the subject premises within seven days. 8. This indicates that there was no prior Show-cause Notice issued to the Writ Petitioners, thereby requiring the Writ Petitioners to submit any explanation. 9. In this view of the matter, this Court is of the opinion that the Writ Petitioners were never given an opportunity to explain their case before the Official Respondents. 10. In the above premise, this Court is of the opinion that the Impugned Proceedings issued by the Panchayat Secretary of Podalakur Gram Panchayat (Respondent No.4) dated 22.04.2025 (Ex.P.1 in both the Writ Petitions), which are in the nature of a final Order, do not stand to the test under the principles of natural justice. 11. Accordingly, the said Proceedings bearing ROC.No.15 of 2025 dated 22.04.2025 (Ex.P.1 in both the Writ Petitions) are set aside as being violative of the principles of natural justice. 12. However, the Official Respondents are at liberty to initiate fresh Proceedings, if so advised, by following the due process of law. 13. With these observations and directions, both the Writ Petitions stands allowed. No order as to costs. 14. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 30.04.2025 Note: Issue C.C. by 01.05.2025 B/o DSV