The court has the authority to direct the submission of an explanation to a show cause notice and the passing of appropriate orders by the respondent, while restraining coercive steps against the petitioner.

JUDGMENT

Battu Devanand, J. - This Writ Petition has been filed against the notice issued in Ref:No.SaG/SCN/1 dated 28.12.2021, in which the petitioner is directed to submit his explanation within 15 days along with any documentary evidence to the respondent No.2.

2. Learned counsel for the petitioner submits that when they made attempt to submit explanation, learned Standing Counsel appearing for the 2nd respondent refused to receive the same.

3. Learned Standing Counsel appearing for the 2nd respondent submits that the petitioner never approached the 2nd respondent to submit explanation and if the petitioner is ready to submit explanation as of now it will be considered and appropriate orders will be passed by following due process of law.

4. Heard learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj, learned Government Pleader for Revenue and Sri I.Koti Reddy, learned Standing Counsel for the Gram Panchayat.

5. This Court while disposing W.P.No.24213 of 2021, by order dated 23.10.2021 set aside the notice issued by the 2nd respondent in reference No.SaG/N/1 dated 11.10.2021 made it clear that it is open to the 2nd respondent to initiate appropriate proceedings by following due process of law for eviction of any encroachments in the subject land.

6. It appears that in compliance of the direction of this Court, the 2nd respondent issued the impugned notice.

7. However, having regard to the submissions of the respective counsels, without going into the merits of the case, in the considered opinion of this Court, it is appropriate to dispose of the Writ Petition directing the petitioner to submit his explanation to the show cause notice dated 28.12.2021 within a period of one(1) week from today to the 2nd respondent and thereafter the 2nd respondent has to pass appropriate orders in accordance with law.

This Writ Petition is disposed of with the following directions...

1) Petitioner is directed to submit his explanation to the show cause notice dated 28.12.2021 within a period of one (1) week from today.

2) On receipt of the explanation from the petitioner, the 2nd respondent shall pass appropriate orders by following due process of law within a period of three (3) weeks thereafter.

3) Till passing final orders by the 2nd respondent, there shall be a direction to the respondents not to take any coercive steps against the petitioner.

8. There shall be no order as to costs.

9. as a sequel, miscellaneous petitions pending, if any, shall stand closed.