APHC010540872023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. YARLAGADDA NAGESWARA RAO, S/O.VENKATESWARA RAO, AGED ABOUT 63 YEARS, R/O.6 CHALLAPALLI MANDAL, KRISHNA DISTRICT. 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, (PANCHAYAT WING), MACHILIPATNAM, KRISHNA DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT AT MACHILIPATNAM. 4. THE MAJERU CHALLAPALLI MANDAL, KRISHNA DISTRICT, REP.BY ITS PANCHAYAT SECRETARY. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the F by the 4th respondent directed the petitioner to vacate the land an extent of 59 sq.yards in Sy.No.840 of Majeru Village, Challapalli Mandal, Krishna District is IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 28126/2023 YARLAGADDA NAGESWARA RAO, S/O.VENKATESWARA RAO, AGED ABOUT 63 YEARS, R/O.6-33, MAIN ROAD, MAJERU VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT. ...PETITIONER AND THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, (PANCHAYAT WING), MACHILIPATNAM, KRISHNA DISTRICT. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT AT GRAM PANCHAYAT, MAJERU VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT, REP.BY ITS PANCHAYAT SECRETARY. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the Final Order Ref.No.01/2023 dated 02- by the 4th respondent directed the petitioner to vacate the land an extent of 59 sq.yards in Sy.No.840 of Majeru Village, Challapalli Mandal, Krishna District is IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI YARLAGADDA NAGESWARA RAO, S/O.VENKATESWARA RAO, 33, MAIN ROAD, MAJERU VILLAGE, ...PETITIONER THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, (PANCHAYAT WING), THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT AT GRAM PANCHAYAT, MAJERU VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT, REP.BY ITS ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or -05-2023 issued by the 4th respondent directed the petitioner to vacate the land an extent of 59 sq.yards in Sy.No.840 of Majeru Village, Challapalli Mandal, Krishna District is 2 illegal, irregular, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and contrary to the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and consequently set-aside the same and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings pursuant to the Final Order Ref.No.01/2023 dated 02-09-2023 issued by the 4th respondent, pending disposal of the writ petition and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the petitioner herein as 6th Respondent in W.P.No.28126 of 2023 as well as I.A.No.1 of 2023 in W.P.No.28126 of 2023 for proper adjudication of the case and pass Counsel for the Petitioner: 1. P L NARASIMHA RAO Counsel for the Respondent(S): 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: Aggrieved by the Final Order vide Ref.No.01/2023 dated 02.09.2023 issued by respondent No.4 directing the petitioner to vacate the land in an extent of 59 sq yards in survey No.840 of Majeru Village, Challapalli Mandal, Krishna District, the present Writ Petition has been filed. 2. Heard Sri P.L.Narasimha Rao, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Y.Koteswararao, learned standing counsel for Gram Panchayat and Sri K.Rama Koteswararao, learned counsel for unofficial respondent. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner is the owner and possessor of the subject property and a possession certificate was issued by respondent No.4 to that effect and there is no dispute with regard to the possession and enjoyment of the said property. He further submitted that pursuant to the directions of this Court in Writ Petition No.6618 of 2023, respondent No.4, without following the due process of law, issued a notice dated 31.05.2023 directing the petitioner to remove encroachments within a period of seven days. Perusal of the said notice, though it is named as a ‘notice’, but the contents thereof is an order. No notice or opportunity has been given to the petitioner before issuing the said notice and there is no reference in the said notice with regard to any prior show cause notice issued to the petitioner. The petitioner, however, submitted an explanation dated 12.07.2023 to respondent No.4, however without conducting any enquiry and 4 without considering the said explanation, passed the impugned final order directing the petitioner to vacate the subject land. Hence, prayed to pass orders protecting the interest of the petitioner 4. On the other hand, learned standing counsel for Gram Panchayat, submitted that pursuant to the directions of this Court dated 24.03.2023 in Writ Petition No.6618 of 2023, the Gram Panchayat issued a show cause notice dated 31.05.2023 to the petitioner and subsequently passed the impugned final order directing the petitioner to remove the encroachments. The petitioner submitted his objections/explanation, dated 12.07.2023 to the notice dated 31.05.2023, Since the explanation given by the petitioner is not satisfactory, the Gram Panchayat passed the impugned final order. He further submitted that there is no illegality or procedural irregularity in passing the said order. Hence, no indulgence need be shown on the petitioner and prayed to dismiss the Writ Petition. 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. It is not in dispute that respondent No.4 has issued a notice, dated 31.05.2023 directing the petitioner to remove the encroachments within seven days. It is also not in dispute that the petitioner submitted his explanation/objection dated 12.07.2023. The respondent No.4 has passed final order vide Ref.No.01.2023, dated 02.09.2023 stating that the explanation/objection given by the petitioner is not satisfactory and directed the petitioner to remove the encroachments. 5 7. It is the contention of the petitioner that without issuing prior show cause notice, conducting any enquiry and without hearing him, Gram Panchayat has passed the order impugned. Perusal of the notice dated 31.05.2023 and impugned order dated 02.09.2023, they do not speak anything about prior issuance of any show cause notice to the petitioner seeking his explanation nor opportunity of hearing was provided as contemplated under Rule 4 of G.O.Ms.No.188 Panchayat Raj and Rural Development (Pts.IV) Department, dated 21.07.2011. Passing the impugned order containing such a direction, without issuing any prior show cause notice or affording an opportunity of hearing to the petitioner, is unsustainable under law and in violation of audi alteram partem rule. 8. The first and foremost principle of natural justice is what is commonly known as ‘audi alteram partem’ rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should apprise the party determinatively of the case he has to meet. Time given for the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is essential that a party should be put on notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice. It is after all an approved rule of fair play. 6 9. Taking the submissions of learned counsel for the parties into consideration, this Court, without going into the merits of the case, is inclined to dispose of the Writ Petition by passing the following order: “The final order dated 02.09.2023 shall be treated as a show cause notice and the petitioner shall submit a detailed explanation within a period of two (2) weeks from the date of receipt of a copy of this order. Upon submission of such explanation, the authorities concerned shall provide an opportunity of being heard to both the petitioner and respondent No.5 and thereafter pass a reasoned order within a period of six (6) weeks thereafter. Till such exercise is completed, the Gram Panchayat shall not take any coercive action against the petitioner with regard to subject property. However, if no explanation is submitted by the petitioner within the stipulated period, the authorities are at liberty to take action in accordance with law.” 10. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 26.11.2025 MP 7 323 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.28126 OF 2023 26.11.2025 8 MP