' M S'- 5 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11743 OF 2025 Between: Anupoju Nagaraju, S/o Late Suryanarayana, aged about 62 years, R/o D.R.No.2-105, Main Road, Srikurmam Village, Gara Mandal, Srikakulam District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati. 2. The District Panchayat Officer, Srikakulam, Srikakulam District. 3. Srikurmam Gram Panchayat, Rep by its Panchayat Secretary, Gara Mandal, Srikakulam District. ...RESPONDENTS 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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the notice issued by the 3rd Respondent dated 20.03.2025 directing the Petitioner to stop the house construction work being under taken in an extent of 50 Sc Yards situated in Sy No.715/4 of Srikurmam Village, Gara Mandal, Srikakulam District without either issuing any prior notice or assigning any valid reasons as also contrary to the approved building plan vide B.A.No.2/2025 dated 30.01.2025 as illegal, arbitrary, violative of principles^ of natural justice and violative of Art.300A consequently set aside the same.^ of Constitution of India and lA NO: 1 OF 7C)9R Petition under Section 15T CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the 3™ Respondent to allow the Petitioner to proceed with the construction of his house pursuant to the approved building plan vide in an extent of 50 Sq Yards situated in Sy No.715/4 of Srikurmam Village, Gara Mandal, Srikakolam District by suspending the impugned notice dated Respondent. ^ Counsel for the Petitioner: SRI P. Counsel for the Respondent Nos.1 & 2: B.A.No.2/2025 dated 30.01.2025 i 20.03.2025 issued by the 3 RAJKUMAR GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.3: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER 1 APHC010227362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0S0 [3328] TUESDAY .THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11743/2025 Between; 1.ANUPOJU NAGARAJU, S/0 LATE SURYANARAYANA, AGED ABOUT 62 YEARS, R/0 D.R.NO.2-105, MAIN ROAD, SRIKURMAM VILLAGE, GARA MANDAL. SRIKAKULAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM, SRIKAKULAM DISTRICT. 3. SRIKURMAM GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, GARA MANDAL, SRIKAKULAM DISTRICT. RESPONDENTS ...RESPONDENT{S): Counsel for the Petitioner: 1.PRAJKUMAR Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORAL ORDER: Heard Sri P. Raj Kumar, learned Counsel for the Writ Petitioner, Smt. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri Chaitanya, learned Counsel appearing on behalf of Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Panchayat. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the impugned Notice dated 20.03.2025 (Ex.P.3). Learned Counsel would submit that the alleged impugned Notice, although is couched and under the nomenclature of a Notice is factually a Final Order. Counsel for the Writ Petitioner would submit that the impugned Notice is violative of the principles of Natural Justice inasmuch as no advance Show Cause Notice was ever issued to the Writ Petitioner and no charge has been issued againstthe Writ Petitioner. Learned 3. This Court has perused the impugned Notice. This Court is in agreement with the submission made by the learned Counsel for the Writ Petitioner that the alleged Notice, although couched under the nomenclature of a Notice, is essentially a Final Order passed by the Official Respondent No.3, without following the principles of Natural Justice. Before issuing the Final Order, there is a legal obligation on the part of the Official Respondents to first issue a Show Cause Notice, specifically indicating the charge or the violation and seek an explanation from the noticee. In the present of these steps have been undertaken by the Respondent No.3. case, none 4. In this view of the matter, the impugned Notice dated 20.03.2025 (Ex.P.3) is unsustainable in law and therefore, is accordingly, set aside. However, the Official Respondents are at liberty to initiate fresh Proceedings by following the due process of law and by adhering to the principles of Natural Justice. Writ Petition is accordingly allowed to the extent indicated above. No order as to costs. 3 Interlocutory Applications, if any, stand closed in terms of this order. Sd/- IW.RAMESH BABU DEPUTY REGISTRAR 5. //TRUE COPY// SECTION OFFICER To, The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretahatr Velagapudi, Amaravati. The District Panchayat Officer, Srikakulam, Srikakulam District.^ The Panchayat Secretary, Srikurmam Gram Panchayat, Gara Mandal, Srikakulam District. One CC to Sri P. Rajkumar, Advocate [OPUC] ^ One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram ^ Panchayat[OPUC] Two CCs to GP for Panchayat Raj & Rural Development, High CO^urt of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. ssb V,. m > HIGH COURT DATED:06/05/2025 ORDER WP.No.11743 of 2025 o 13 MAY 2025 om ALLOWING THE W.P. WITHOUT COSTS