APHC010023642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1588/2026 Between:

1. S MT. PATIL BHAGYAMMA,, W/O PATIL JAYARAMI REDDY, AGED ABOUT 40 YEARS, OCC SARPANCH OF NELAGONDA GRAM PANCHAYAT, R/O NELAGONDA VILLAGE, GUNTAKAL MANDAL, ANANTAPUR DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522238

2. T HE DISTRICT PANCHAYAT OFFICER, ANANTAPUR, ANANTAPUR DISTRICT-515001

3. T HE MANDAL PARISHAD DEVELOPMENT OFFICER, GUNTAKAL MANDAL, ANANTAPUR DISTRICT- 515801 ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the issuance of the Show Cause Notice dated 09-01-2026 by the Respondent-2, without granting reasonable time and without affording an effective opportunity of hearing, as arbitrary, illegal, unjust, violative of the principles of natural justice and Articles 14 and 21 of the Constitution of India, and consequently set aside / quash the said Show Cause Notice dated 09-01-2026 and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Show Cause Notice dated 09-01-2026 issued by the Respondent-2 pending disposal of the above Writ Petition in the interest of justice and equity Counsel for the Petitioner:

1. P MADHUKAR REDDY Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:

::ORDER ::

Heard Sri P.Madhukar Reddy, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for respondents 1 and 2 and Sri S.Hruthik, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 3^rd respondent.

2. Challenging the show cause notice vide Rc.No.18/2026/B6(PAN) dated 09.01.2026 (Ex.P1), issued by the 2^nd respondent, the petitioner filed the above writ petition.

3. Learned counsel for the petitioner would contend that the contents of the show cause notice are not clear. He would further contend that sufficient time has not been provided to the petitioner to submit an explanation, and only seven days were provided.

4. Sri P.Rajesh Kumar, learned Assistant Government Pleader, on written instructions of the District Panchayat Officer, Ananthapuramu, dated 20.01.2026, would submit that despite service of notice, the petitioner failed to submit any explanation. No adverse finding or punitive action has been initiated against the petitioner to date. The petitioner did not submit any application seeking an extension of time to submit the explanation. Any further action is subject to inquiry and the outcome thereof.

The point for consideration is:

a) Whether the writ petition filed by the petitioner assailing the show cause notice Ex.P1 is maintainable?

b) Whether the time granted to submit an explanation is reasonable?

5. Normally, a writ petition filed challenging the show cause is not maintainable, unless the show cause suffers from jurisdictional errors. A show-cause notice is a preliminary step in the decision-making process, which does not determine rights. A show cause notice has the solemn purpose of informing the person about the material for which a response is being sought concerning a case, which may constitute a breach, for which the person is being directed to submit an explanation. The very purpose of a show cause notice is to enable the recipient to raise objections, if any and the concerned authority is required to address such o