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 satisfy the authorities that there is no illegal encroachment, as alleged in the impugned notice. He submits that there is imminent threat in the matter, hence the petitioner is constrained to approach this Court seeking appropriate directions.

4. The learned Standing Counsel for the 5th respondent, on the other hand, submits that action is sought to be initiated in view of the constructions made by the petitioner by occupying the road. He further seeks time to secure instructions as to whether any show cause notice was issued prior to issuing the notice, which is under challenge in the Writ Petition.

5. This Court has considered the matter and perused the material on record. As seen from the impugned notice, it would appear that prior to issuance of the same, no opportunity was afforded to the petitioner, much less by issuing a show cause notice and in fact there is no reference to issuance of any such show cause notice. Under those circumstances, this Court deems it appropriate to dispose of the Writ Petition with the following directions:

1) The notice dated 18.01.2023 impugned in the Writ Petition shall be treated as ‘show cause notice’;

2) The petitioner is granted two (2) weeks time for filing objections/reply to the said notice;

3) On receipt of the explanation/reply, the 5th respondent shall pass appropriate orders, in accordance with Law, after giving due opportunity to the petitioner, as expeditiously as possible, at any rate, within a period of three (3) weeks from the date of receipt of the explanation/reply from the petitioner.

4) Till passing appropriate orders as directed above, no coercive action in respect of the subject matter property shall be resorted to.

6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, all the pending miscellaneous applications in the above writ petition, if any, shall stand closed.