THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.28337 OF 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to issue Writ of Mandamus to declare the action of the 5th respondent in issuing notice dated 06.10.2025 directing the 2nd petitioner to remove the building constructed in an extent of Ac.0-21 cents in Sy.No.107/3 (LP No.103) and Ac.0-10 cents in Sy.No.118/1 (LP No.102) which was constructed in the government land (Bandi Poramboke) voluntarily within a period of 3 days from the date of receipt of the notice and consequently to set-aside the same. 2. The brief facts leading to filing of this writ petition are that, the 4th respondent issued Notice dated 06.10.2025 under Sections 96 and 98 of the Andhra Pradesh Panchayat Raj Act, 1994, stating that, though stay was obtained with respect to land of an extent of Ac.0-37 cents in Sy.No.119/2 vide I.A.No.1 of 2018 in W.P.No.28585 of 2018, contrary to the orders, the petitioner made constructions in Ac.0-21 cents in Sy.No.107/3 (L.P.No.103) and Ac.0-10 cents in Sy.No.118/1 (L.P.No.102), which is a government land and classified as “Bandi Poramboke”. Therefore, the petitioner was issued notice to remove the illegal structures raised in the occupied/encroached government Bandi Poramboke land, with a threatened action of failure of the petitioner, the NV,J W.P.No.28337 of 2025 2 Gram Panchayat would demolish the structures by collecting appropriate charges from the petitioner. Challenging the notice dated 06.10.2025, the present writ petition is filed. 3. During hearing, Sri C. Subodh, learned counsel for the petitioner contended that, no show cause notice was issued and the notice impugned in this writ petition is in the nature of order and not a notice, calling for objections from these petitioner for the proposed demolition of the building, therefore, it is illegal and arbitrary. 4. Whereas, learned Assistant Government Pleader for Panchayat Raj supported the impugned order, while requesting to pass appropriate order by this Court. 5. On careful examination of the impugned notice, though it is styled as „notice‟, it is an „order‟ issued directing the petitioner to voluntarily dismantle/demolish the building that has been illegally constructed, with a threatened action from the Gram Panchayat to demolish the same. It is settled law that, for issuing any order affecting the interest of any person, a notice has to be issued calling for the version/explanation if any, from the affected party. Without giving any opportunity to the petitioner to put-forth his version by issuing a show cause notice or giving opportunity for personal hearing, issuing order by the Gram Panchayat directing to remove the building is in clear violation of principles of natural justice. Nowhere, it is mentioned in the impugned notice that the petitioner was NV,J W.P.No.28337 of 2025 3 issued any show-cause notice or an opportunity was provided to him to put-forth his version. In view of the same, in the considered opinion of this Court, the impugned Notice dated 16.09.2010 issued by the first respondent would not sustain in the eye of law and it is liable to be set- aside. 6. In the result, writ petition is allowed with the following directions: (i) Notice dated 06.10.2025 issued by the 5th Respondent – Padugupadu Gram Panchayat is hereby set-aside; (ii) Respondents are directed to follow the procedure, in accordance with law. No order as to costs. 7. Consequently, miscellaneous applications pending if any, shall stand closed. _________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:15.10.2025 SP NV,J W.P.No.28337 of 2025 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.28337 OF 2025 Date:15.10.2025 SP