An encroachment notice is legally unsustainable if it violates the principles of natural justice by failing to specify the nature and location of the encroachment and by providing insufficient time for the affected party to respond or comply.

(Special Original Jurisdiction)

The Court made the following:

ORAL ORDER:

Heard Sri Kambhampati Ramesh Babu, learned Counsel for the Writ Petitioners, Sri M. Srinu Babu, learned Assistant Government Pleader for Municipal Administration & Urban Development and Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Respondent No.2.

2. The present Writ Petition is filed seeking following relief:

“In view of the above circumstances, it is prayed that this Hon’ble Court may be pleased to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the encroachment notice dated 17.02.2026 issued by the 2nd respondent as illegal, arbitrary, contrary to law, against to the principles of natural justice and violative of Articles 14, 19, and 21 of the Constitution of India, and consequently set aside the same, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. This Court has perused the impugned Encroachment Notice dated 17.02.2026 (Ex.P.1). It is categorically submitted by the learned Counsel for the Writ Petitioners that prior to this impugned Notice, the Petitioners herein have not received any Notice and therefore, they had no occasion to submit their explanation. Learned Counsel for the Writ Petitioners would submit that granting of three days’ time to clear the alleged encroachment without specifying any detail with regard to the nature of the encroachment and with regard to survey number is bad in law, inasmuch as the same is in violation of the principles of Natural Justice.

4. Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Respondent No.2, has submitted the Written Instructions furnished by the Commissioner, Jaggaiahpet Municipality dated 27.02.2026. Copy of it is supplied to the learned Counsel for the Writ Petitioners and the same is taken on record.

5. The Written Instruction dated 27.02.2026 is bereft of any information with regard to the time and date on which the previous Notices dated 07.02.2026 etc., have been supplied to the Writ Petitioners. The impugned Encroachment Notice herein dated 17.02.2026 also does not contain any reference to the previous correspondence.

6. Taking these facts into consideration, this Court is of the opinion that the impugned Notice is unsustainable in law, inasmuch as the same had been issued in violation of the principles of Natural Justice. The impugned Notice suffers from the wise of non-mention of the nature of the illegal encroachment and also the specific area or the survey number where the encroachment has taken place. It also suffers from the wise of violation of principles of Natural Justice for the reason that only three days’ time is granted to the Petitioners for clearing the encroachment.

7. In the above premise, this Court deems it appropriate to set aside the impugned Encroachment Notice. Accordingly, the impugned Encroachment Notice dated 17.02.2026 (Ex.P.1) is hereby set aside by giving liberty to the Official Respondents to follow the due process of law in ensuring that Notice is properly received by the affected parties and also sufficient time is granted to them for rendering explanation.

8. It is clarified that this Court has not decided any substantive rights of parties. Therefore, the Authorities are at liberty to proceed in accordance with law.

9. With these observations and directions, this Writ Petition stands allowed. No order as to costs.

10. Interlocutory Appl