APHC010584812025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. SIDDANA RAMBABU, S/O.ARAVALA RAJU, OCC BUSINESS, AGED ABOUT 53 YEARS, DOOR NO.6/317 (OLD 16 NUTHANAGUDEM POLAVARAM VILLAGE AND MANDAL, ELURU DISTRICT-534315. 1. THE STATE OF ANDHRA PRADESH, REP. SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, AMARAVATI. 2. THE TAHSILDAR, POLAVARAM MANDAL, ELURU DISTRICT 534315. 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, POLAVARAM MANDAL, ELURU DISTRICT 4. POLAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, POLAVARAM VILLAGE AND MANDAL, ELURU DISTRICT-534315. 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 order, direction or writ, more particularly one in the nature of Writ of Mandamus dated 25.10.2025 issued by the 4th Respondent without considering to the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30493/2025 SIDDANA RAMBABU, S/O.ARAVALA RAJU, OCC BUSINESS, AGED ABOUT 53 YEARS, DOOR NO.6/317 (OLD 16 NUTHANAGUDEM POLAVARAM VILLAGE AND MANDAL, ELURU ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, AMARAVATI. THE TAHSILDAR, POLAVARAM MANDAL, ELURU DISTRICT THE MANDAL PARISHAD DEVELOPMENT OFFICER, POLAVARAM MANDAL, ELURU DISTRICT-534315. POLAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, POLAVARAM VILLAGE AND MANDAL, ELURU ...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 an order, direction or writ, more particularly one in the nature declaring the Order/Notice-3 in ROC.No.A/18/2025 dated 25.10.2025 issued by the 4th Respondent without considering to the IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY, THE THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI SIDDANA RAMBABU, S/O.ARAVALA RAJU, OCC BUSINESS, AGED ABOUT 53 YEARS, DOOR NO.6/317 (OLD 16-51), KOTHA NUTHANAGUDEM POLAVARAM VILLAGE AND MANDAL, ELURU ...PETITIONER BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT THE TAHSILDAR, POLAVARAM MANDAL, ELURU DISTRICT- THE MANDAL PARISHAD DEVELOPMENT OFFICER, POLAVARAM POLAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, POLAVARAM VILLAGE AND MANDAL, ELURU ...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 an order, direction or writ, more particularly one in the nature 3 in ROC.No.A/18/2025 dated 25.10.2025 issued by the 4th Respondent without considering to the 2 reply notice dated 23.10.2025 in proper perspective as illegal, irregular, arbitrary, highhanded, unjust, without any power or authority and in clear violation of principles of natural justice and in clear violation of Articles 14, 21, 19(1)(g) of the Constitution of India and consequently set aside the same IA NO: 1 OF 2025 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 direct the respondents not to take any coercive steps against the Petitioner for removal of the business in his own land by suspending the operation of the Order/Notice-3 in ROC.No.:A/18/2025 dated 25.10.2025 issued by the 4th respondent IA NO: 2 OF 2025 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 permit the Petitioner to implead the proposed respondent No.5 namely Sri Konathala Dorababu S/o. Surya Rao as respondent No.5 in W.P.No.30493 of 2025 and pass Counsel for the Petitioner: 1. B JAYA PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: Challenging the order/notice-3 in ROC No.A/18/2025 dated 25.10.2025 issued by respondent No.4 without considering the reply notice dated 23.10.2025 in proper perspective, the present Writ Petition has been filed. 2. Heard Sri B.Jaya Prabhakar Rao, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader for Panchayat Raj Department, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri Y.Koteswararao, learned standing counsel for Gram Panchayat . 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner has been doing a small scrap material business for the past 23 years in his own land attached to his house. Based on a false complaint made against the petitioner’s business, Gram Panchayat passed the impugned order dated 25.10.2025 directing the petitioner to remove all old scrap materials from the premises and prohibiting him from conducting such business at the said location. He further submitted that earlier, the Gram Panchayat had issued notices dated 09.10.2025 and 14.10.2025, to which the petitioner gave a reply on 23.10.2025 stating that he had never caused any inconvenience to the surrounding residents. The Gram Panchayat, without considering the said reply, without providing an opportunity of hearing and without assigning any reasons, issued the 4 impugned notice. Issuance of such notice is illegal, arbitrary and opposed to the principles of natural justice. Hence, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned standing counsel for Gram Panchayat submitted that there is neither illegality nor procedural irregularity in passing the impugned order. He further submitted that if the petitioner has any grievance against the said order, he can prefer an appeal before the Gram Panchayat as provided under Section 128 of Panchayat Raj Act. The petitioner has not raised any valid grounds warranting interference of this Court and the Writ Petition has to be dismissed and prayed to dismiss the Writ Petition at the admission stage. 5. In reply, learned counsel for the petitioner submitted that where there is a clear violation of the principles of natural justice glaring on the face of the order impugned, the petitioner is not required to file any appeal and has rightly invoked the writ jurisdiction. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. It is the contention of the petitioner that based on complaint made against the petitioner’s business, Gram Panchayat issued notices dated 09.10.2025 and 14.10.2025 to which the petitioner submitted his reply dated 23.10.2025 to the Panchayat Secretary, Polavaram Gram Panchayat and 5 there is an endorsement to that effect. A perusal of the order/Notice-3 dated 25.10.2025 vide ROC No.A/18/2025 shows that the Panchayat Secretary did not take due note of the explanation/reply submitted by the petitioner dated 23.10.2025. In the said order, the Panchayat Secretary has not mentioned the issuance of any prior show cause notice. In the impugned order/notice, the Panchayat Secretary refers to the notice dated 14.10.2025 which is on record, however, a perusal of the said notice also, though it is styled as a notice, it is a direction issued to the petitioner. As rightly contended by learned counsel for the petitioner, though an alternative remedy of appeal is available, where there is a glaring violation of the principles of natural justice apparent on the face of the order, the petitioner need not question the order/notice-3 by way of appeal and the Writ petition under Article 226 of the Constitution is maintainable. Without considering the explanation/reply submitted by the petitioner and without giving an opportunity of being heard to the petitioner, the impugned order was passed by respondent No.4, which is in clear violation of principles of natural justice. 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 6 but 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. 9. In the said circumstances, the order is unsustainable and it has been passed in clear violation of audi alteram partem rule and it has to be set aside at the admission stage. 10. Taking the submissions of both the learned counsel into consideration, since the impugned order is ex-facie illegal and unsustainable and was issued in clear violation of principles of natural justice, the same is liable to be set aside even without inviting counter. Even if counter is filed, the order would be the same. As such, this Court is inclined to allow this Writ Petition at the admission stage itself. 11. Accordingly, the Writ Petition is allowed, setting aside the order/notice- 3 dated 25.10.2025 issued by respondent No.4. However, this order does not preclude the authorities concerned from passing fresh orders by providing an opportunity of being heard to the petitioner and by taking into consideration his explanation/reply dated 23.10.2025. 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 03.12.2025 MP 7 357 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.30493 OF 2025 03.12.2025 MP