APHC010110682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5703/2025 Between: 1. PALLAPOTHU VENKATA VEERABADRESWARA RAO, S/O AADINARAYANA, AGED ABOUT 71 YEARS, R/O D.NO. 2-135/1, KURAGALLU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2. PALLAPOTHU PERAMMA,, W/O PALLAPOTHU VENKATA VEERABADRA RAO, R/O D.NO. 2-135/1, KURAGALLU VILLAGE, MANGALAGIRI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, ANDHRA PRADESH. 2. THE DISTRICT PANCHAYAT OFFICER, GUNTUR, GUNTUR DISTRICT.2. 3. KURAGALLU PANCHAYAT, REP. BY ITS SECRETARY MANGALAGIRI MANDAL GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. ACHANTA VENKATA SAI PRANEETHA 2 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following ORAL ORDER: Heard Ms. A. Venkata Sai Praneetha, learned Counsel for the Writ Petitioners and Sri Hruthik, learned Counsel appearing on behalf of Sri M. Sudheer, learned Standing Counsel for Gram Panchayat and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development. 2. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the notice issued by the Official Respondents dated 07.12.2024 (Ex.P.3). Learned Counsel for the Writ Petitioners has further drawn the attention of this Court to the explanation submitted by the Writ Petitioners on 10.12.2024 (Ex.P.1). Notice issued by the Panchayat Secretary dated 07.12.2024 would indicate that a final direction has been given by him to the Writ Petitioners to remove the encroachments without issuing prior Show Cause Notice. It is an indispensible mandate under law that a Show Cause Notice is required to be issued before for taking any coercive action against a citizen. Therefore, this Court is of the view that the ends of justice would be met by holding that the ‘Notice dated 07.12.2024 (Ex.P.3)’ be treated as a Show Cause Notice by itself and consider the explanation given by the Writ Petitioner dated 10.12.2024 (Ex.P.1) and pass a Final Order in accordance with law and communicate a copy of such Order to the Writ Petitioners forthwith. There shall a further direction to the Official Respondents to pass the Final Order after considering the explanation of Writ Petitioners dated 10.12.2024 (Ex.P.1) within a period of eight weeks from today. Needless to state that until the Final Orders are passed, the Official Respondents are precluded from taking any coercive action against the Writ Petitioners. 3 3.With these observations and directions, this Writ Petition stands allowed. No order as to costs. 4.Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 10.04.2025 JKS 4 26 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 5703 OF 2025 10.04.2025 JKS