High CourtsSingle Bench(2023) 06 AP CK 0005

K Venkateswarlu & Others vs State Of Andhra Pradesh & Others

Andhra Pradesh High Court · Decided on 1 June 2023

HON’BLE JUDGES
Venuthurumalli Gopala Krishna Rao, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 13631 Of 2023

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Judgment

8 paragraphs · 317 words

Venuthurumalli Gopala Krishna Rao, J

1.

Heard the Learned Counsels on both sides.

2.

The learned Government Pleader for Panchayat Raj takes notice for respondent No.1 and 2. The learned Government Pleader for Revenue takes notice for respondent No.3. Sri G.Venkat Reddy, learned Standing Counsel for Gram Panchayat takes notice for respondent Nos.4 and 5.

3.

The grievance of the Writ Petitioners is that the impugned notices were issued by the respondent No.4-Gram Panchayat on 24.05.2023 and show cause notice was not issued as contemplated under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the petitioners further pleaded the action of the respondent No.4 is against the principles of natural justice and therefore the impugned notices are liable to be set aside.

4.

The learned Standing Counsel for respondent No.4-Gram Panchayat now represented that the respondent No.4 is ready to issue show cause notice, in writing, requiring the petitioners to offer their explanations and that the Writ Petition may be disposed of, with such a direction.

5.

Having regard to the overall facts and circumstances and as the impugned notices were 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.4 to issue show cause notice, in writing, to the petitioners within ten (10) days from the date of receipt of this order and after service of notice on the petitioners, the petitioners shall offer their explanations to the proposed show cause notice, within a week and thereafter, the respondent No.4 shall pass necessary orders within ten (10) days, in accordance with law. Till then, there shall not be any demolition of the houses of the petitioners.

6.

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.