Administrative actions must adhere to principles of natural justice, requiring a hearing before adverse decisions are made.

ORDER :

1. This Writ Petition is filed seeking the following relief:-

“to issue Writ, or Writs, Order or Orders more particularly in the nature of writ of mandamus declaring the action of the respondents particularly respondent Nos 4 and 5 in issuing the impugned notice dated 16.05.2025 and directing the petitioner to immediately remove/ demolish the alleged third floor construction over house bearing H.No.3-121/ 1/A within a period of (5) days and otherwise threatening to demolish the same situated at Madnoor village and Mandal, Kamareddy District under the limits of 4th respondent Gram Panchayat without having any authority and without issuing any prior notice is illegal arbitrary and violation of Article 14 and 300A of Construction of India apart from violation of principles of natural justice and consequently direct the respondents to not to demolish the third floor construction of the petitioner situated at Madnoor village and Mandal, Kamareddy district and to pass…..”

2. Heard Sri U. Chandrashekar, learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj appearing on behalf of respondent Nos.1 to 3 and Sri K. Pradeep Reddy, learned Standing Counsel appearing on behalf of respondent Nos.4 and 5.

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.

4. Facts giving rise to filing of this writ petition briefly stated are that the petitioner has purchased open land admeasuring Ac.00.36 gts in Sy.No.846, situated at Madnoor Village and Mandal, Kamareddy District through a Registered Sale Deed bearing No.478/2007, dated 16.03.2007 and after obtaining necessary permission of respondent No.4 Gram Panchayat, he constructed a house bearing No.3-121/1/A and the petitioner is paying house tax to the respective Gram Panchayat. Respondent Nos.4 and 5, at the instance of local political party leaders issued notice to the petitioner on 16.05.2025, directing him to remove/demolish the third floor construction within a period of five days without giving any notice and without following due process of law.

5. Learned counsel for the petitioner submits that respondent No.5 had issued impugned notice directing the petitioner to remove the third floor construction within a period of five days on the alleged ground that the petitioner constructed third floor without obtaining any permission, without giving any prior notice and without giving opportunity and the same is gross violation of principles of natural justice and violative of Article 300A of Constitution of India.

6. Per contra, learned Standing Counsel appearing for respondent Nos.4 and 5 submitted that respondent No.5 informed the petitioner orally several times, in spite of the same, petitioner has not taken any steps. On the other hand, he made unauthorised construction. Respondent No.5 rightly issued impugned notice exercising the powers conferred under the provisions of the Telangana Panchayat Raj Act, 2018 (for brevity ‘the Act’) and the same is valid under law.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that respondent No.5 issued impugned notice to the petitioner on 16.05.2025, directing him to remove the third floor within a period of five days, while exercising the powers conferred under the Act. The above said impugned notice clearly reveals that respondent No.5 has not issued any show cause notice, directing the petitioner to submit explanation and straight away issued the said notice, directing him to remove the unauthorised third floor construction within a period of five days and the same is gross violation of principles of natural justice.

8. It is very much relevant to place on record that in Allwyn Housing Colony Welfare Association v. Government of Andhra Pradesh and others, 2010 (1) ALD SC 1, the Hon’ble Apex Court held that no order adverse to a party should be passed without h