THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.23142 OF 2025 ORDER : (ORAL)

Heard Ms. B. Shirisha, learned counsel for the petitioner, and Mr. Putta Krishna Reddy, learned standing counsel for Municipalities, appearing for respondent No.2.

2. Learned counsel for the petitioner submitted that impugned final notice in Roc.No.A1/19/2025 dated 07.07.2025 has been issued by respondent No.2 directing the petitioner to remove the encroachment made in the Government land in Survey No.170 P.P. of Bellampalli Municipality, within fifteen (15) days from the date of receipt of the notice. It is submitted that the impugned final notice is arbitrary and in violation of principles of natural justice.

3. Learned counsel for the petitioner further submitted that Lr.No.A1/19/2025 dated 19.06.2025 pursuant to the order passed by this Court in W.P. No.17085 of 2025 dated 19.06.2025. In fact, the petitioner personally visited the office of respondent No.2 to submit reply along with supporting documents. As respondent No.2 was not receiving the reply, the petitioner has sent its reply through Registered Post on 15.07.2025.

4. Learned standing counsel for respondent No.2 submitted that as the petitioner failed to submit reply to the show-cause notice dated 19.06.2025 within seven (07) days, impugned final notice dated 07.07.2025 has been issued directing the petitioner to remove the encroachment from the Government land.

5. Learned counsel for the petitioner submitted that all the documents showing ownership were already filed in the earlier round of litigation in W.P. No.17085 of 2025 and also along with the reply submitted by the petitioner pursuant to the show-cause notice dated 19.06.2025.

6. In view of the contention of the contention of the learned counsel for the petitioner that reasonable opportunity of hearing dated 19.06.2025, to meet the ends of justice, the writ petition is allowed, setting aside the impugned final notice issued by respondent No.2 in Roc.No.A1/19/2025 dated 07.07.2025. The petitioner is directed to submit reply to the show-cause notice vide Lr.No.A1/19/2025 dated 19.06.2025 along with ownership/title documents within a period of five (5) days from today. On receipt of such reply, respondent No.2 is directed to conduct hearing on 20.08.2025, and pass orders, in accordance with law, by affording opportunity of hearing to the petitioner. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stand closed.

______________________ B. VIJAYSEN REDDY, J August 06, 2025

Note: Issue CC in one (1) day (BO) MS.