ORDER :

This writ petition is filed under Article 226 of the Constitution of India, to declare the action of the respondents in issuing the impugned notice dated 10.03.2022 for demolition of the third and fourth floors of the building of the petitioners without issuing show cause notice and without following due procedure as arbitrary, illegal and contrary to the provisions of The Andhra Pradesh Panchayat Raj Act, 1994.

2. The brief facts of the case in nut-shell are that, petitioners are the owners of land admeasuring 418.5 s.yds each in R.S.No. 576 & 577 and land admeasuring 290.5 sq.yds each in R.S.No.575/2 & 575/3 in Nallajerla Gram Panchayat, West Godavari District. The petitioners obtained permission from the Gram Panchayat for construction of G+2 floors, but, constructed a building consisting of G+4 floors.

3. The unofficial respondent i.e. Respondent No.5 filed a complaint before the Gram Panchayat complaining about the unauthorized constructions/ deviations from the approved plan of the petitioners. The Gram Panchayat issued notice to the petitioners dated 20.05.2021, asking them to stop the constructions. Respondent No.5 also marked a copy to the District Panchayat Officer, who in-turn forwarded the same to the Divisional Panchayat Officer to make enquiry and for submitting report and basing on the said report of Divisional Panchayat Officer dated 06.01.2022, the District Panchayat Officer, West Godavari, Eluru, issued proceedings dated 04.03.2022, came to a conclusion that the petitioners obtained permission for G+2 floors, but constructed G+4 floors, thus unauthorizedly constructed third and fourth floors, thereby found the petitioners guilty for contravening the Rules and imposed penalty of Rs.2,000/- and daily fine of Rs.10/- from the date of construction of unauthorized third and fourth floors. The Extension Officer (PR&RD), Nallajerla was also directed to take action for demolition of the unauthorized constructions made by the petitioner. The Panchayat Secretary, Nallajarla issued Notice dated 10.03.2022 for implementation of the orders of the District Panchayat Officer dated 04.03.2022, threatening to demolish the unauthorized/illegal structures. Aggrieved by the notice dated 10.03.2022, the present writ petition is filed.

4. During hearing, Sri Ghanta Sridhar, learned counsel for the petitioners would submit that, the impugned Notice dated 10.03.2022 issued by Respondent No.4 – Gram Panchayat is not preceded by any show-cause notice, which is mandatory as per the provisions of Panchayat Raj Act, as well as the principles of natural justice. Without following such procedure, Respondent No.4 unilaterally and highhandedly issued the impugned notice directing the petitioners to get removed the unauthorized constructions. Learned counsel further submits that the said impugned notice dated 11.03.2022 was issued pursuant to the proceedings of the District Panchayat Officer dated 04.03.2022 and the said proceedings dated 04.03.2022 came to be passed pursuant to the enquiry ordered by him and conducted by Divisional Panchayat Officer. It is contended that, even in the said enquiry, no notice was issued to the petitioners and the enquiry was conducted behind the back of the petitioners, as such, the enquiry report said to have been submitted by the Divisional Panchayat Officer is not sustainable on the ground of not observing the principles of natural justice. Hence, the present writ petition is liable to be allowed.

5. Sri I. Koti Reddy, learned Standing Counsel appearing for Respondent No.4 - Nallajerla Gram Panchayat, filed counter affidavit, as well as vacate stay petition, wherein, it is stated that, the petitioners made an application dated 02.12.2018 for grant of building permission consisting of for G+2 floors. But, contrary to the sanctioned plan, the petitioners proceeded further and constructed the building consisting of G+4 floors. Therefore, the petitioners got constructed the third and fourth floors unauthoriz