The court affirmed the necessity of due process in enforcing notices for removal of structures, emphasizing the right to livelihood and the importance of personal hearings.

ORDER :

1. This writ petition has been filed seeking the following relief:

“…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 notice dated 03/05/2025 directing the petitioner to remove Lava Kusha Water purifying center constructed by the petitioner on assignment plot of his mother in Sy.No.4 and also his purchased land in Sy.No.214 at Pathapally village, Pebbair Mandal, Wanaparthy District though the petitioner have constructed the said shed after obtaining permission of the Grampanchayat and also without making any encroachment on the village road as illegal unlawful contrary to law and consequently direct the respondents not to demolish the above Lava Kusha Water purifying bunk of the petitioner without following due process of law as the petitioner constructed the said shed on his own land without encroaching upon any village road and pass.. .”

2. Heard Mr. M.Damodar Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj appearing for respondent No.1 and Mr. Katta Pradeep Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3. With their consent, the writ petition is disposed of at the stage of admission. Notice in respect of respondent No.4 is dispensed with.

3. Brief facts of the case:

The petitioner is claiming that he is the owner and possessor of the open plot admeasuring 16.98 sq. yards situated at Pathapally village of Pebbair Mandal, Wanaparthy District and the same was purchased through registered document by paying valuable sale consideration and also obtained Dharani passbook vide Khata no.60284 in the name of his wife Smt. P. Jyothi and thereafter, applied to the Tahsildar for grant of Nala conversion permission in respect of the above said property. He further averred that the Government granted assignment patta certificate in favour of the petitioner’s mother, namely P. Yellamma, to the land in Sy.No.4 on 06.09.2011. Since the above purchased land in Sy.No.214 and also assignment patta land of his mother situated in Sy.No.4 are adjacent to each other and accordingly, the petitioner constructed temporary shed for establishment of Lava Kusha Water Center by obtaining permission from the 3rd respondent Gram Panchayat and he has been running said water plant since, 2018 by supplying purified water to the villagers at cheapest cost. The petitioner further averred that the petitioner obtained certificate of registration for manufacturing trading and supplying of bottled and packaging mineral drinking water in the water treatment plant and the same is being renewed from time to time and the same is valid up to 04.12.2017. Respondent No.4, who is Ex-Sarpanch of respondent No.3 Gram Panchayat, bore grudge against the petitioner and at his instance, respondent No.3 issued notice on 03.05.2025 alleging that the petitioner constructed the mineral water shed without obtaining permission from the Gram Panchayat and also encroached upon the village road and directed the petitioner to remove the mineral water shed within a period of three (3) days from the date of receipt of the notice. Immediately, the petitioner submitted a representation on 05.05.2025 to the District Collector, Wanaparthy District, stating that the petitioner has not encroached upon any portion of the road and eking out his livelihood by running the mineral water plant and he also supplying the mineral water to the villagers at low cost. The villagers also submitted a representation to the District Collector, Wanaparthy District, on 05.05.2025 requesting him to issue necessary directions to resp