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Judgment
V. Gopala Krishna Rao, J
Heard the Learned Counsels on both sides.
The learned Government Pleader for Panchayat Raj takes notice for respondent No.1, 2 and 3. The learned Government Pleader for Revenue takes notice for respondent No.4 and 5. Sri N. Srihari, learned Standing Counsel for Gram Panchayat takes notice for respondent No.6.
The grievance of the Writ Petitioner No.1 is that the impugned notice was issued by the respondent No.6-Gram Panchayat on 23.05.2023 and show cause notice was not issued as contemplated under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the petitioner further pleaded the action of the respondent No.6 as against the principles of natural justice and therefore the impugned notices are liable to be set aside.
The learned Standing Counsel for respondent No.6-Gram Panchayat now represented that the respondent No.6 is ready to issue show cause notice, in writing, requiring the petitioner No.1 to offer her explanation and that the Writ Petition may be disposed of, with such a direction.
Having regard to the overall facts and circumstances and as the impugned notice to petitioner No.1 was not preceded by any show cause notice to fulfil the requirements of the principles of natural justice, the Writ Petition is being disposed of directing the respondent No.6 to issue show cause notice, in writing, to the petitioner No.1 within ten (10) days from the date of receipt of this order and after service of notice on the petitioner No.1, the petitioner No.1 shall offer her explanation to the proposed show cause notice, within a week and thereafter, the respondent No.6 shall pass necessary orders within ten (10) days, in accordance with law. Till then, there shall not be any demolition of the house of the petitioner No.1.
As seen from the material on record, no notice was issued to the 2nd petitioner. There was no cause of action against the 2nd petitioner itself.
Accordingly, the main Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Writ Petition shall stand closed.