APHC010036992023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1795/2023 Between: 1. M D MANJUNATH, S/O. M. DATTATHREYA, AGED 55 YEARS, OCC. BUSINESS, R/O. D.NO. 5 VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, SRI SATHYA SAI DISTRICT, PUTTAPARTHI. 3. THE MANDAL DEVELOPMENT OFFICER, AMARAPURAM MANDAL, AMARAPURAM, SRI SATYA SAI DISTRICT. 4. THE PANCHAYAT SECRETARY, AMARAPURAM GRAM PANCHAYAT, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT 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 topleased to issue a writ or order or direction more particularly one in the nature of the writ of mandamus declaring the notice dated 21.11.2022 issued by the 4th Respondent without following the due procedure established by law as illegal, arbitrary and violative of Articles 14, 21 and 300 Constitution of India and also without jurisdicti 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 1795/2023 M D MANJUNATH, S/O. M. DATTATHREYA, AGED 55 YEARS, OCC. BUSINESS, R/O. D.NO. 5-120, KURBA STREET, AMARAPURAM VILLAGE AND MANDAL, SRI SATYA SAI DISTRICT - 515281. ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT PANCHAYAT OFFICER, SRI SATHYA SAI DISTRICT, THE MANDAL DEVELOPMENT OFFICER, AMARAPURAM MANDAL, AMARAPURAM, SRI SATYA SAI DISTRICT. THE PANCHAYAT SECRETARY, AMARAPURAM GRAM PANCHAYAT, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT ...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 topleased to issue a writ or order or direction more particularly one in of mandamus declaring the notice dated 21.11.2022 issued by the 4th Respondent without following the due procedure established by law as illegal, arbitrary and violative of Articles 14, 21 and 300 Constitution of India and also without jurisdiction and the same is liable to be RC,J W.P.No.1795 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE FIFTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI M D MANJUNATH, S/O. M. DATTATHREYA, AGED 55 YEARS, OCC. 120, KURBA STREET, AMARAPURAM 515281. ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, THE DISTRICT PANCHAYAT OFFICER, SRI SATHYA SAI DISTRICT, THE MANDAL DEVELOPMENT OFFICER, AMARAPURAM MANDAL, THE PANCHAYAT SECRETARY, AMARAPURAM GRAM PANCHAYAT, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT ...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 topleased to issue a writ or order or direction more particularly one in of mandamus declaring the notice dated 21.11.2022 issued by the 4th Respondent without following the due procedure established by law as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the on and the same is liable to be RC,J W.P.No.1795 of 2023 2 set-aside and consequently direct the respondents not to interfere with the possession of the petitioner in respect of land together with the construction admeasuring 20 X 12 feet vide House No.4-6 situated in Sy.No.663 of Amarapuram Gram Panchayat and Mandal, Sri Sathya Sai District and to 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 pleased to Stay all for the proceedings pursuant to notice dated 21.11.2022 issued by Panchayat Secretary, Amarapuram Gram Panchayat and Mandal including interfering with the possession of the petitioner in respect of land together with the construction admeasuring 20 X 12 feet vide House No.4-6 situated in Sy.No.663 Amarapuram Gram Panchayat and Mandal, Sri Sathya Sai District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. M CHINNAPA REDDY Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER This writ petition is filed questioning the notice dated 21.11.2022 issued by respondent no.4, whereby the petitioner was asked to remove the encroachments, being violative of due procedure contemplated under law. 2. Heard Sri N.Chinnappa Reddy, learned counsel for petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. RC,J W.P.No.1795 of 2023 3 3. Sri M.Chinnappa Reddy, learned counsel, while reiterating the contents of the writ affidavit would contend that the impugned notice was issued directing the petitioner to remove the structures without issuing any prior show cause notice and without providing an opportunity of being heard to the petitioner and therefore there is a flagrant violation of principles of natural justice and hence the impugned notice is liable to be set aside. Accordingly, prayed to allow the writ petition. 4. Perusal of the impugned notice shows that the petitioner was directed to remove the structures made by him encroaching the site of water canal and R&B road within seven (07) days form its receipt. 5.The legal principle "no one can be condemned unheard" known as Audi Alteram Partem, asserts that before any adverse action is taken, a person must be given notice of the allegations and a reasonable opportunity to present their defense. This principle is a fundamental aspect of natural justice and a fair legal process, ensuring that decisions are made only after all relevant information has been considered. 6. Admittedly, the impugned notice does not mention issuance of any prior show cause notice and providing opportunity of personal hearing to the petitioner. Further, the notice contains a mandate for demolition of structures within the time stipulated therein or else the same would be done by RC,J W.P.No.1795 of 2023 4 panchayat at the costs of the petitioner. Issuance of such a notice not preceded by any show cause notice is violative of the principles of natural justice besides being violative of Rule-4(i) of G.O.Ms.No.188, Panchayat Raj and Rural Development (Pts.IV) Department, dated 21.07.2011, which mandates issuance of notice and hearing before proceedings for eviction. 7. In view of the above, as violation of principles of natural justice is glaring on the face of the notice, the same has to be set aside. 8. In view of the above, the writ petition is disposed of, setting aside the impugned notice of respondent no.8 vide Rc.No.5/2021 dated 21.11.2022. However, this order would not in any way serve as an impediment to the authorities concerned from taking necessary action in accordance with law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR