The court affirmed that actions affecting property rights must adhere to principles of natural justice, requiring notice and opportunity to be heard before any coercive measures are taken.

ORDER :

1. This writ petition is filed seeking the following prayer:-

“…to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the impugned individual demolition notices, dated 13/05/2025 directing the petitioners to remove their respective business center i.e. Welding Shop, Kirana Shop and Hotel of the petitioners which are situated abutting to R and B Road of Pathapally Village, Pebbair Mandal, Wanaparthy District without giving any notice and opportunity to the petitioners as illegal, unlawful, contrary to law and consequently direct the respondents not to demolish the above mentioned shops of the petitioners without following due process of law and also consider the application submitted by the petitioners for grant of Trade License for running the above business centers and pass…”

2. Heard Sri M.Damodar Reddy, learned counsel for the petitioners; learned Assistant Government Pleader for Panchayat Raj appearing for respondent No.1 and Sri Katta Pradeep Reddy, learned Standing Counsel, appearing for respondent Nos.2 and 3. With the consent of the respective parties, this writ petition is being disposed of at the stage of admission.

3. Learned counsel for the petitioners submits that the petitioners have impleaded respondent No.4 as proforma respondent and as they are not seeking any relief against him, notice is not required to respondent No.4.

4. Learned counsel for the petitioners submits that petitioner Nos.1 to 3 have occupied small extents of the land belonging to the Government long back and they have constructed small sheds and have been running welding shop, kaka hotel and kirana shop, respectively and eking out their livelihood. Except the above said property, the petitioners do not have any other properties. Respondent No.3 issued the impugned notice, dated 13.05.2025, directing the petitioners to remove the constructions made by them within three days or else they would take appropriate action. Learned counsel further submits that respondent No.3, without issuing prior notice, straight away has issued the impugned order directing the petitioners to remove the shop, and therefore, the impugned order issued is in gross violation of the principles of natural justice.

5. Per contra, learned Standing Counsel appearing for respondent No.3 submits that the petitioners do not have any semblance or right or interest in respect of the subject property. The petitioners without submitting any explanation to the impugned notice/have straight away approached this Court and filed the present writ petition and the petitioners are not entitled for any relief sought for in this writ petition.

6. A perusal of the material available on record reveals that the petitioners have occupied the Government land and made construction of the sheds and have been running welding shop, kaka hotel and kirana shop, respectively. Respondent No.3 issued the impugned notice, dated 13.05.2025 directing the petitioners to remove the constructions made in the Government property within three days. The contents of the impugned notice clearly reveal that respondent No.3-Gram Panchayat has not issued any show-cause notice. Hence, in order to render substantial justice to the parties, the impugned notice, dated 13.05.2025 is treated as show-cause notice and the petitioners are directed to submit explanation to the above said notice within a period of one week from the date of receipt of a copy of this order and on such explanation being submitted, respondent No.3 is directed to consider the same and pass appropriate orders in accordance with law after giving an opportunity of personal hearing to the petitioners, within a period of