JUDGMENT :

1. Heard Sri T.Sai Surya, learned counsel for the petitioners and learned Government Pleader for Municipal Administration for the respondent No.1, Sri G.Naresh Kumar, learned counsel, representing Sri M.Manohar Reddy, learned Standing Counsel for the respondent No.2 and Sri I.Koti Reddy, learned Standing counsel for the respondent No.3.

2. All the petitioners, except petitioner Nos.3, 4 and 14, are present in person represented by their counsel Sri T.Sai Surya, who represents that those petitioner Nos.3, 4 and 14 could not appear due to health issues. Their personal presence is dispensed with.

3. The presence of the petitioners was directed by order dated 22.11.2022, in view of the fact that in the writ petition a clear statement was made on affidavit that the notices/orders impugned in the writ petition were not preceded by any show cause notice.

4. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-

“It is therefore prayed that this Hon’ble Court pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the Notice in Encroachment No.681/2022/G1, dt. 21.05.2022 issued by the 2nd respondent directing to remove the encroachment alleged to have been made by the petitioners under the guise of widening the existing road passing in front of their respective houses without there being any such encroachment at all and making efforts to demolish part of their respective houses situated by the side of Ramalayam Temple Road, Ippatam Village, Tadepalli Mandal, Guntur District, Andhra Pradesh as highly illegal, arbitrary exercise of power, violative of principles of natural justice, contrary to law and also violative of Art 19 and 300-A of the Constitution of India and consequently to set aside the said notices and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

5. The challenge to the impugned notices/orders by the petitioners is on the ground of violation of the principles of natural justice in not giving the show cause notice before issuing the final notice/order.

6. This Court on 04.11.2022, passed the following order:-

“Heard Sri K. Chidambaram, learned senior counsel, assisted by Sri T. Sai Surya, learned counsel for the petitioners and Sri G. Naresh Kumar, learned counsel, representing respondent No.2.

2. It is submitted by Sri G. Naresh Kumar, that respondent No.3 is now not in existence and has merged in 2nd respondent. In view of this submission, learned counsel for the petitioner shall take steps to file appropriate application.

3. Sri K. Chidambaram, learned senior counsel, submits that the petitioners are challenging the impugned notice dated 21.05.2022, given to all the petitioners, which are issued on the ground that the petitioners raised unauthorised constructions and have encroached upon the public road, directing them to vacate/remove, as being violative of the principles of natural justice. Any show cause notice was not given prior to passing the impugned notice/order dated 21.05.2022 and though it refers to the previous notice dated 10.05.2022 to which any reply was not filed, but it is specifically stated in paragraph-6 of the affidavit in support of the writ petition that the impugned notices are not preceded by any show cause notice and no survey whatsoever has been conducted. He submits that even to determine the alleged encroachment or unauthorized construction, the petitioners ought to have been given opportunity of hearing.

4. Sri G. Naresh Kumar, learned counsel, representing respondent No.2, prays for and is granted 10 days time to enable him to obtain instructions with respect to the service of notice dated 10.05.2022 on the petitioners as mentioned in the impugned order/notice.

5. List on 15.11.2022.

6. No coercive action shall be taken pursuant to the impugned notice/order dated 21.05.2022 till the next date of listing.”

7. The interim o