ORDER:

The petitioners were in occupation of Gramkantam land in Sy.No.110/1 of Kasimkota Village. The petitioners had constructed shops in this land and were carrying out commercial activities for their livelihood.

2. The petitioners were issued notices dated

25.06.2020 for vacating the said shops as the Gram Panchayat of Kasimkota sought to take over this land for issuing house site pattas under the Government Schemes. The petitioners had got a reply issued to these notices through their counsel on 29.06.2020. The said reply is said to have been received by the Gram Panchayat and the Mandal Praja Parishad, Kasimkota, on 01.07.2020.

3. The petitioners, apart from submitting the above reply notice to the respondents, had also approached this Court by way of W.P.No.10477 of 2020 which was disposed of on 12.10.2020. The learned Single Judge, on the assumption that an explanation had not been submitted by the petitioners to the notice dated 25.06.2020, had granted time to the petitioners to submit their detailed explanation with a further direction to the Gram Panchayat to consider the said explanation and to pass orders therein in accordance with law.

4. The Gram Panchayat again issued a notice on

21.10.2022, which was affixed to the shops of the petitioners, calling upon the petitioners to vacate the said shops within a period of three (03) days. The petitioners had again given their reply, through their advocate, which was served on the Gram Panchayat on 22.10.2022. It may be noted that the Gram Panchayat, in the notice dated 21.10.2022, had taken the stand that the petitioners had not submitted any reply to the notice dated 25.06.2020, despite the orders of this Court dated 12.10.2020 in W.P.No.10477 of 2020. The petitioners in their reply had pointed that a reply had already been given to the notice dated 25.06.2020 and the said reply could not be placed before this Court in the earlier proceedings. In any event, the petitioners sought consideration of their earlier reply dated 29.06.2020 along with their reply dated

22.10.2022.

5. As the respondents were proceeding with the demolition of the shops, without considering these representations/replies, the petitioners had approached this Court by way of the present writ petition. Even while this writ petitioner was under consideration, the shops of the petitioners were demolished and the open space created by the said demolition was sought to be handed over to an association of weaker sections of society for construction of a community hall.

6. The petitioners have now sought a direction from this Court for a declaration that the actions of the Gram Panchayat are clearly in violation of law, the directions of this Court in W.P.No.10477 of 2020 dated 12.10.2020 and also in violation of Article 300-A of the Constitution of India.

7. The association of the weaker Sections of the society, to whom the vacant land is sought to be handed over, has filed an application to implead itself. This application has been dismissed by way of a separate order.

8. Sri V.V. Ravi Prasad, the learned counsel appearing for the petitioners would raise the following grounds:-

i. The Gram Panchayat had undertaken demolition of the structures of the petitioners without considering the replies given by the petitioners to the notices dated 25.06.2020 and the notice dated 21.10.2022. The Gram Panchayat, by disregarding the replies given to these notices, has clearly violated the principles of natural justice.

ii. The Government had regulated the manner in which Gram Panchayats are to evict people from property owned by the Gram Panchayat by way of G.O.Ms.No.188 dated 21.07.2011. This Government order required the Gram Panchayat to issue notices and to consider the replies of such notices before undertaking in eviction or demolition. The action of the Gram Panchayat is clearly in violation of these requirements.

iii. This Court by its order dated 12.10.2020 in W.P.No.10477 of 2020 had directed the Gram Panchayat to consid