APHC010003682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 349/2026 Between: Potturu Seethamma ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. THOMMANDURU V SARADHI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: Impugning the notice dated 07.11.2025 issued by the 3rd respondent Panchayat Secretary, the present writ petition is filed. 2. Heard Sri T.Vijaya Saradhi, learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing counsel for Gram Panchayat and Ms Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj Department. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit submitted that, the petitioner and her family was residing in the R.S.No.114 in L.P.No.511 situated in Vempadu Gram Panchayat, Ungutur Mandal by constructing a residential house bearing Door No.2-155 for more than 7 decades. He further submitted that recognizing the said long standing possession of the petitioner, the respondent authorities have issued House Site Possession Certificate dated 04.04.1994, assigned door number by assessing property tax and the petitioner has been paying property tax to the authority concerned. He further submitted that, while so, the respondent authorities issued the impugned predated notice dated 07.11.2025, which was pasted on the petitioner’s residential house on 02.01.2026 directing the petitioner and her daughter to vacate the subject property within three(03) days, failing which they demolish the subject property. Though styled as a notice, virtually it contains a direction to the petitioner to vacate the subject property and if such a direction is allowed to materialize, the rights of the petitioner will be affected. As such, prayed to pass appropriate orders in that regard. 4. On the other hand, learned Standing counsel for Gram Panchayat submitted that in case, if this Court inclines to interfere with the said impugned notice/proceedings, liberty may be given to the concerned authority to take steps in accordance with law. 5. Perused the impugned notice/proceedings dated 07.11.2025. As rightly contended by the learned counsel for the petitioner, the impugned notice does not speak anything about prior issuance of any show-cause notice to the petitioner seeking their explanation. 6. It is well settled that, even an encroacher is entitled for a reasonable notice. 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 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. 7. Therefore, in view of the above, issuing the impugned notice with such a direction, without issuing any prior show-cause notice and without providing an opportunity of being heard to the petitioner is ex-facie illegal, unsustainable and was issued in clear violation of principles of natural justice. In view of the above stated circumstances, instead of keeping this writ petition pending, this Court is inclined to set aside the impugned notice dated 07.11.2025 even without inviting counter, as after filing the counter also the order would be the same. Accordingly, the Writ Petition is disposed of by setting aside the impugned notice dated 07.11.2025. However, this order does not preclude the concerned authority to take steps in accordance with law, by issuing proper show-cause notice inviting explanation and providing an opportunity of personal hearing and to pass a reasoned order and communicate the same to the concerned parties. There shall be no order as to costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Note:Issue C.C. by two days B/o BRS