A writ petition is generally not maintainable against a show cause notice; the proper legal course is for the party to submit an explanation to the notice, allowing the authority to adjudicate the facts, especially when title and encroachment are disputed.

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 a writ of mandamus declaring the Notice dt.17-09-2024 issued by the 4TH Respondent directing us to show cause why the constructions alleged to have been made by the petitioners by encroaching upon the R AND B Road i.e. Marteru - Prakkilanka at Ithampudi Village, Irragavaram Mandal, West Godavari District, AP, should not be removed, without any power or authority as highly illegal, arbitrary, contrary to law and also violative of Art. 19 and 300-A of the Constitution of India and consequently to set aside the same.

Counsel for the Petitioner(S):

1. YASWANTH GADE

Counsel for the Respondent(S):

1. GP FOR ROADS BUILDINGS

The Court made the following:

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:

"…. to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the Notice dt.17.09.2024 issued by the 4th Respondent directing us to show cause why the constructions alleged to have been made by the petitioners by encroaching upon the R AND B Road i.e. Marteru - Prakkilanka at Ithampudi Village, Irragavaram Mandal, West Godavari District, AP, should not be removed, without any power or authority as highly illegal, arbitrary, contrary to law and also violative of Art.19 and 300-A of the Constitution of India and consequently to set aside the same and pass such other orders….."

The petitioners herein filed W.P.No.20290 of 2024 before this Court to declare the action of the respondent Nos.2 to 5 therein in proposing to demolish the petitioners’ residential houses bearing D.Nos.2-70/2, 2-63/1, 2-64 and 2-66 situated by the side of R & B Road in their private sites at Ithampudi Village, Iragavaram Mandal, West Godavari District, under the guise of improvement of the said road without giving any notice and without acquiring the sites in which the residential houses were constructed. The said Writ Petition was disposed of, vide order dated 12.09.2024, directing the respondents therein not to dispossess the petitioners from their residential houses or not to demolish the petitioners’ residential houses, except by following due process of law. As directed by this Court, the respondents have issued the present impugned notice calling for explanation from the petitioners herein as to why the illegal constructions should not be removed within seven days, otherwise, the respondents will take action.

The said notice dated 17.09.2024 was assailed in the present Writ Petition on the ground that the said notice was issued without any power or authority and the said action is highly illegal, arbitrary, contrary to law and violative of Articles 19 and 300A of the Constitution of India.

It is the specific case of the respondents that the petitioners have encroached land of an extent of Ac.0.02 cents in R.S.No.1 of Itampudi Village, Iragavaram Mandal. Learned counsel appearing for the writ petitioners orally argued that the respondents ought to have issued notice under the provisions of the Panchayat Raj Act and the same was not pleaded in the affidavit filed in support of the Writ Petition and it is well settled proposition of law that against a show cause notice, no Writ Petition is maintainable. In this regard, this Court relies on the judgment of Union of India Vs. Hindustan Development Corporation Limited reported in (1998)9 SCC 576 : Interference in show cause notice stage involving investigation into facts. Though the judgment is not a precedent, the Supreme Court held that quashing of the show cause notice arises on the reply to the show cause notice filed by the petitioners, so that the adjudicating process may take place.

There is a controversy relating to the title of the proper