ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“….to issue an order or direction, more in the nature of Writ of Mandamus declaring the action of the respondent No.5 issuance of Letter R.No.2/2023, Dated on 20.04.2023, to vacate or demolish the building within 10 days in Sy.No.364, 365, II No.1- 350/1, to an extent of Ac.0.02 cents at Lingamparthi village, Yeleswaram Mandal, Kakinada District and State of Andhra Pradesh. The 3rd respondent issued urgent memo e-file No.26320/2023-A3 to 5th respondent to vacate or demolish the petitioner building at Lingamparthi village, as being illegal, arbitrary and is violation of principle of natural justice apart from being in violation of Articles 14 and 21 of the Constitution of India, and further threaten to demolish the house of the petitioner without following due process of law, is illegal, arbitrary, unconstitutional and consequently direct the respondents No.5 not interfere with peaceful possession enjoyment of house, without following due process of law, as being illegal and arbitrary, and pass such other order or orders….”

2 RC, J

2. The short grievance of the petitioner herein is that, respondent No.5, basing on the memo dated 09.02.2021, issued letter, dated 20.04.2023, to the petitioner asking her to vacate the building bearing H.No.1-350/1 situated in Sy.No.364, 365, to an extent of Ac.0.02 cents at Lingamparthi Village, Yeleswaram Mandal, Kakinada District, within ten days.

3. Heard Sri M. Chalapathi, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1,2 & 4, learned Assistant Government Pleader for Panchayat Raj for respondent No.3, and Sri N. Srihari, learned standing counsel for respondent No.5.

4. Learned counsel for the petitioner, in elaboration to what has been stated in the writ affidavit contended that, by taking into consideration the memo, dated 09.02.2021 of 4th respondent-Tahsildar, the 5th respondent has issued the present notice/letter impugned thereby directing the petitioner to remove the slab of the petitioner’s building within ten days. He further submitted that, before issuing the impugned proceedings, dated 20.04.2023, no prior show cause notice has

3 RC, J been issued nor an opportunity of personal hearing was given to the petitioner. Thus, there is a clear violation of principles of natural justice. If the said order is allowed to continue, it will affect rights of the petitioner. Hence, prayed to pass appropriate orders.

5. On the other hand, Sri N. Srihari, learned standing counsel, submitted that, a show cause notice ought to have been issued by the Panchayat Secretary before issuing the impugned proceedings. However, in the event if this Court is inclined to interfere, liberty may be given to the concerned authority to take steps in accordance with law.

6. Perused the record.

7. As rightly contended by the learned counsel for the petitioner, the impugned proceedings does not speak anything about prior issuance of any show-cause notice to the petitioner seeking her explanation. Issuing the impugned proceeding with such a direction without issuing any prior show-cause notice is un-sustainable under law. Since the impugned proceedings is ex-facie unsustainable and was issued in clear violation of principles of natural justice, there is no purpose in sending

4 RC, J notice to the respondent No.6 and keeping the matter pending, inviting counter from her and as no orders effecting her rights are being passed, as such, this Court is inclined to set aside the impugned proceedings dated 20.04.2023, at the admission stage itself.

8. Accordingly, the Writ Petition is allowed setting aside the impugned proceedings dated 20.04.2023. However, this order does not preclude the concerned Gram Panchayat to take steps in accordance with law by issuing proper show-cause notice and inviting explanation and by giving an opportunity of personal hearing and pass a rea