Eviction notices issued without adherence to natural justice and previous court orders are arbitrary and illegal, thus deemed set aside.

ORDER :

VENKATESWARLU NIMMAGADDA, J.

Heard learned counsel for the petitioners, learned Standing Counsel for Respondent No.3 – Gram Panchayat and learned Government Pleader for Respondent Nos.1 and 2 and perused the material placed on record.

2. Learned counsel for the petitioners submits that the petitioners herein are the residents of 3^rd Respondent – Gram Panchayat and they got constructed houses and living at their respective houses since 70 years. While so, on 30.05.2025 Respondent No.3 – Gram Panchayat issued notices alleging that the petitioners have encroached the Tank Poramboke of Subbaraju Drinking Water Tank and got constructed their respective ACC roof houses and letting out waste water as well as drainage into the drinking water tank and causing health hazards to the entire public of panchayat. It is further alleged that the encroachments made by the petitioners are against the objectionable lands which cannot be encroached or occupied by the petitioners without observing natural justice. As such, the said notices were assailed by the petitioners in W.P.No.14247 of 2025 on the ground that without observing principles of natural justice, respondents directed the petitioners to evict the subject houses without there being any prior notice. While considering the contentions of the petitioners this Hon’ble Court was pleased to pass the following order:

“On perusal of the material available on record, which would reveal that the Notices dated 30.05.2025 were issued as per the directions of this Court in W.P.No.3428 of 2022 dated 28.09.2022. The petitioners instead of submitting their respective explanations/objections to the said notices, have invoked the powers of this Court under Article 226 of the Constitution of India. It is well settled that a writ court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a notice to show cause, unless it is without jurisdiction. In the instant matter, it is not the case of the petitioners that the show-cause notice suffers from any jurisdictional error.

6. Having regard to the submissions made by both the counsel and taking into consideration the facts and circumstances involved in the lis, this Court, without going into the merits of the case, deems it appropriate to dispose of the same, with a direction to the petitioners to submit their respective explanations/objections to the Notices dated 30.05.2025, within a period of four (4) weeks, from the date of receipt of a copy of this Order. Thereupon, the 3^rd respondent is directed to pass speaking orders by considering the said explanations/objections of the petitioners”

3. In view of the orders of this Court and in compliance of the same, the petitioners herein submitted their explanation dated 09.07.2025 substantiating their claim and also claiming their longstanding possession over the subject property.

4. While things stood thus, without considering the explanation as directed by this Court and without passing speaking orders, again the 3^rd respondent issued impugned notices dated 12.08.2025 directing the petitioners to vacate from their respective houses within a period of 15 days, otherwise respondent – Gram Panchayat will initiate eviction proceedings.

5. Learned counsel for the petitioners submits that the impugned notices dated 12.08.2025 are contrary to law and arbitrary in view of violation of the orders of this Court dated 12.06.2025 and further submitted that even though this notice named as show-cause notice but it is nothing but an order of eviction, which cannot be issued without prior notice. As such, the impugned notices are liable to be set asid