1 NV,J W.P.No.18394 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18394 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the constitution of India to declare the purported show cause notice issued by the 1st respondent, directing the petitioner to remove the structures in the land belonging to the petitioner, without providing an opportunity of hearing, as illegal, arbitrary and violative of principles of natural justice. 2. Learned counsel for the petitioner submits that, the petitioner purchased land of an extent of Ac.0-10 cents in Peda Aminam Village, Kalla Mandal, West Godavari District under Registered Sale Deed dated 03.05.2014 for valuable consideration from one Vegesina Venkata Subba Surya Narayana Raju. The petitioner gifted the Ac.0-10 cents of the land to his grandson i.e. T. Mehul Varma under registered Gift Deed dated 16.07.2022. Meanwhile, the 1st Respondent, the Gram Panchayat, issued a Show Cause Notice dated 06.06.2020 to the petitioner under Sections 121 and 143(1)(A) of Panchayat Raj Act, 1994, wherein it is alleged that the petitioner had encroached upon land measuring Ac.1-11 cents, which was earmarked as layout open space vested with the Gram Panchayat. It is further stated that an indoor cricket net had been constructed on the encroached land, which is an illegal construction. Accordingly, the petitioner was directed to remove the said unauthorized structures. Hence the writ petition. 2 NV,J W.P.No.18394 of 2025 3. Sri Y. Koteswara Rao, learned Standing Counsel for 1st respondent Gram Panchayat furnished written instructions submitted by the Panchayat Secretary, Peda Aminam Gram Panchayat, Kalla Mandal vide Lr.Roc.No.10/2025 dated 20.07.2025. It is stated that, Ac.17-73 cents of land in R.S Nos.530/3, 531/1,2,4, 556/1,2,3, 557 and 508 within the Peda Aminam Gram Panchayat limits in Kalla Mandal was laid out for residential purposes and it was approved by the Director of Town and Country Planning. The entire road area and common area at layout, including 10% open space area were handed over to the Gram Panchayat for public benefit. Therefore, Ac.1-73 cents of open space is reserved as open space and it should be registered in the name of the Gram Panchayat for specific purposes. Despite specific direction, for registration of Ac.1-73 cents of layout land, it has not been registered in favour of Gram Panchayat. Further, during surprise visit by the District Collector on 01.06.2025, it was found that unauthorized constructions were made in the open space available at layout L.P.No.679/96/R2 in R.S.Nos.530/3, 531/1, 531/2, 531/4, 556/1, 556/2, 556/3, 557 and 558. It was also found that, part of open space mentioned above was illegally registered in favour of the petitioner. The District Collector of West Godavari addressed letter dated 03.06.2025 to the Sub-Registrar, Bhimavaram, ordering cancellation of the registration made against the common area (open space) which is prohibited land out of total extent of Ac.17-74 cents in the approved layout. The District collector issued show cause notice to the concerned 3 NV,J W.P.No.18394 of 2025 Panchayat Secretaries to provide written explanation as to why appropriate disciplinary action should not be taken against them. It was found that the petitioners fraudulently got sanctioned building constructions plans against the common open space area based on registered documents and also assessed property tax without proper verification of relevant documents. But, in the recent survey, it was found that the land reserved for open space is being used by the petitioner with unauthorized construction, including cricket indoor net and sheds. The concerned Sub-Registrar also submitted report highlighting few illegal registrations relating to the subject land. Hence, show cause notice was issued to the petitioner to remove the unauthorized constructions. In response, on 10.06.2025, the petitioner verbally requested two days to voluntarily remove the constructions. On 14.06.2025, when the revenue, police and other officials were taking action to remove the unauthorized constructions, the petitioner used his machinery to remove the illegal constructions and rest were partially removed. Based on the written instructions, learned Standing Counsel submits that the petitioner has encroached upon the land of the Gram Panchayat and raised unauthorized constructions, i.e cricket nets and sheds, etc, as such, this Court need not consider the request of the petitioner and requested to dismiss the writ petition. 4 NV,J W.P.No.18394 of 2025 4. Heard Sri M. Ratnavivek, learned counsel for the petitioner, Sri Y. Koteswara Rao, learned Standing Counsel for 1st respondent Gram Panchayat. 5. The petitioner is claiming ownership over the subject property through alleged title deeds, whereas, the 1st respondent Gram Panchayat is claiming that the petitioner has encroached upon the property and constructed cricket nets and sheds. The District Collector having verified the subject land, came to the conclusion that the subject property is encroached by the petitioner and other persons basing upon fraudulent sale deeds and ordered cancellation of fraudulent registrations made against the common site area (open site) of Ac.17-74 cents. Therefore, such disputed facts cannot be gone into at this stage. 6. However, having regard to the facts and circumstances of the case, this Court is of the opinion that the petitioner shall be given an opportunity of hearing to submit his explanation before the 1st respondent to the show cause notice dated 06.06.2025 in compliance of principle of “Audi Alteram Partem”. Accordingly, the petitioner is permitted to submit his explanation or objections, if any, within a period of two (02) weeks from the date of receipt of a copy of this order. Upon receipt of such explanation, Respondent No.1 shall consider the same on merits and pass appropriate orders in accordance with law, after affording fair and reasonable opportunity to the petitioner. 5 NV,J W.P.No.18394 of 2025 7. Till such time appropriate orders are passed by Respondent No.1, status quo as on today with regard to possession of the subject property shall be maintained by all parties concerned. 8. With the above direction, writ petition is disposed of. No costs. 9. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 20.08.2024 SP 6 NV,J W.P.No.18394 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18394 OF 2025 20.08.2024 W SP