Even encroachers are entitled to notice and due process must be followed before taking any action.

JUDGMENT

Ravi Cheemalapati, J. - The present Writ Petition is filed under article 226 of the Constitution of India seeking the following relief:-

'to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to demolish the structures of petitioners houses in the name of widening the Drainage Canal from 20 feet to 40 feet at ambedkar Nagar, Chinnachowk, Kadapa without following due process of law is illegal, arbitrary and against the principles of natural Justice and consequently direct the respondents to stop the widening of the drainage canal and to follow the due procedure of law and pass such other order or orders..'

2. The case of the petitioners, in brief, is that they were granted house pattas in ambedkar Nagar, Prakash Nagar, Chinachowk, Kadapa and they constructed houses in the subject land more than 40 years and residing there by paying municipal taxes. Beside their houses, a drainage canal was passing having width of 20 feet. While the matter stood thus, on 16.05.2022, the respondent authorities with a view to extend canal from 20 feet to 40 feet, started makings and directed the petitioners orally to vacate the houses or otherwise, they will demolish the houses of the petitioners. Subsequently, on 17.05.2022, without issuing notice, the respondent authorities were came up to the area with machinery equipment and forced the petitioners to vacate the premises of marked area and threatened them by saying that the Municipal authorities are going to demolish their houses on 23.05.2022. aggrieved by the same, the present writ petition is filed in the Summer Vacation Court.

3. Heard Sri V.Roopesh Kumar Reddy, learned counsel representing Sri C.Sai Vishnu, learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for respondent Nos.2 to 4 and Sri Suresh Kumar Reddy Kalava, learned Standing Counsel for respondent No.5.

4. Learned counsel for the petitioners in elaboration contended that today also, the respondent authorities came to the petitioners' subject property and highhandedly attempted to dispossess the petitioners. It is further contended that in the event they demolish the petitioners' houses highhandedly and dispossess the petitioners, they will be shelter less and they will put on the roads with their families. He further contended that, the respondents being Government officials has to follow due process of law.

5. On the other hand, learned Government Pleader for Revenue submitted that they have got written instructions and stated that the Possession Certificate, in which the petitioners relying are fake and bogus and their occupation is obstructing water flow and water is flowing into surrounded houses in the rainy season as the land is classified as water spread area and prayed to dismiss the Writ Petition as no indulgence can be shown as the petitioners have occupied the Government land.

6. Learned Standing Counsel appearing for the 5th respondent also contended that no indulgence need to be shown on the petitioners as they are forcibly occupied the land.

7. Learned counsel for the petitioners contended that as per law, even encroachers are entitled for notice and due process has to be followed before taking any action by the respondents and in the present case, no notice has been served on the petitioners.

8. The learned Standing Counsel appearing for the 5th respondent further contended that the authorities will definitely follow the due process as contemplated under law before initiating any action.

9. Considering the facts and circumstances of the case and with the consent of both the counsel, this Writ Petition is disposed of directing the respondent authorities in the event, they want to remove any encroachments and demolish the petitioners houses, they have to follow due process of law by serving notices on the petitioners after giving an opportunity to them and till such exercise is done, no coe