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NINALA JAYASURYA
Davuluri Adaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. challenge against notice for alleged encroachment. (Para 1 , 2) |
| 2. right to be heard before enforcement action. (Para 3 , 4) |
| 3. court's obligation to ensure fair procedure. (Para 5) |
| 4. outcome of the writ petition and directions. (Para 6) |
ORDER :
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Panchayatraj representing respondents 1 to 3. Also heard learned Standing Counsel for the 5th respondent.
2. The Writ Petition is filed challenging the order in the form of Notice dated 18.01.2023 issued by the 5th respondent, wherein the petitioner was directed to remove the constructions stated to have been made by encroaching the road, within three days from the date of receipt of notice.
3. Learned counsel for the petitioner submits that though the impugned proceeding is titled as ‘notice’, it is in the form of an order and before issuing the said direction in the notice impugned, no opportunity was afforded to the petitioner calling upon him to show cause as to why action shall not be taken in the matter. He submits that had an opportunity been afforded to the petitioner, he would have filed relevant material to substantiate his case and
An administrative notice that precludes an opportunity for defense contravenes principles of natural justice and cannot sustain legal scrutiny.
Local authorities must provide due process and opportunity to respond before taking action on notices regarding land encroachments.
Proper enquiry mandatory before action on encroachment notices issued pursuant to court directions.
The authority must consider representations before issuing final orders, and such consideration must be reflected in the order to ensure procedural fairness.
Multiple writs for same cause not entertainable; authorities to follow law and natural justice in enforcement.
The absence of prior notice mandated by law negates the enforceability of encroachment notices.
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