Andhra Pradesh High Court - Amravati
Ambati Gopala Rao vs The State Of Ap on 28 December, 2023
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.33347 OF 2023
Dt.28.12.2023
Between:-
Ambati Gopala Rao, and others
... Petitioners
and
The State of Andhra Pradesh, Rep. by its Principal Secretary,
Panchayat Raj Department, and others
... Respondents
Counsel for petitioners : Mr.V.Sudhakar Reddy
Counsel for respondents: The G.P. for Panchayat Raj
The G.P. for Roads & Buildings
The G.P. for Revenue
ORDER:
Heard the learned counsel for the petitioners. Also heard learned Assistant Government Pleader for Roads & Buildings representing respondent No.3, learned Assistant Government Pleader for Panchayat Raj representing respondent No.1 & 4, learned Assistant Government Pleader for Revenue representing respondent No.2, and the learned Standing Counsel representing respondent No.5.
2. The present writ petition is filed, inter alia aggrieved by the Notice dated 15.12.2023 issued by the respondent No.5.
3. Learned counsel for the petitioner, inter alia submits that the proceedings impugned though styled as a notice, in 2 fact it is an order directing the petitioners to remove the constructions, which are stated to be illegal. He submits that the petitioners are not afforded any opportunity to put-forth their case before issuing the impugned notice and therefore, the action of respondent No.5 is violative of principles of natural justice. Drawing the attention of this Court to the orders dated 28.8.2023 in Writ Petition No.19626 of 2023, learned counsel would further submit that though the authorities, more particularly the respondent No.5, are required to issue proper notice to the petitioners and thereafter pass a reasoned order, the present notice has been issued straightaway calling upon the petitioners to vacate the properties mentioned in the writ affidavit. Learned counsel also submits that the petitioners have no other premises/ houses to live-in except the small huts/thatched houses raised by them. He submits that unless appropriate orders are granted, the petitioners would suffer serious prejudice and irreparable loss.
4. On the other hand, learned Standing Counsel for the respondent No.5 submits that the proceedings impugned have been issued, in terms of the order dated 28.8.2023 in Writ Petition No.19626 of 2023. He, however, fairly submits that 3 the respondent No.5/Panchayat Secretary ought to have afforded an opportunity to the petitioners by issuing proper notices and thereafter initiate action by passing a reasoned order. He submits that show cause notices would be issued to the petitioners, in the event this Court is of the opinion that the notice impugned in the present writ petition is not tenable.
5. This Court has considered the submissions made and perused the material on record including the order dated 28.8.2023 in Writ Petition No.19626 of 2023, the operative portion of which reads as follows:
"The respondents are directed to take steps in accordance with law after issuing proper notices to the encroachers concerned and also pass a reasoned order and communicate the same to all the concerned parties."
6. In view of the above unambiguous order, the respondent No.5 ought to have issued proper notices to the petitioners. However, as rightly contended by the learned counsel for the petitioners straightaway the proceedings dated 15.12.2023 were issued directing the petitioners to remove the alleged encroachments and constructions made therein, which is not only contrary to the orders referred to above but also violative of principles of natural justice.
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7. In the light of the above discussion, the writ petition is allowed and the proceedings dated 15.12.2023 are set aside. However, the respondent No.5 is at liberty to issue fresh notices to the petitioners and take further action after passing a reasoned order. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
________________________ NINALA JAYASURYA, J December 28, 2023.
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