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Judgment
This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer:
“…to issue an appropriate writ, order or direction, more particularly one in the nature of a Writ of Mandamus or any other appropriate writ, declaring the action of the Respondents in issuing the Confirmation Order dated 08-10-2026 bearing Rc. No. MAU61- DPONDGM(UAC)/54/2026-DP issued by the competent authority of APCRDA, served on 12-10-2026 without considering the explanation of the petitioner dated 15-10-2026 directing to remove the violated portion of the structure within 7 days of the receipt of the notice and threatening to demolish the structure and the subject property as arbitrary, illegal , high- handed and violative of Article 14 of the constitution of India, and to set aside the same insofar as it directs removal of the G.I. sheet-roof shed measuring approximately 275.922 square metres situated in R.S. Nos. 409(p) and 410(p), Kabela Centre, Gollapudi Village, Vijayawada Rural Mandal, NTR District or, in the alternative, to direct the respondents to reconsider the matter in accordance with law…”
The petitioner claims to be the owner of the property situated in R.S.Nos.409(p) and 410(p) admeasuring 275.922 square meters situated at Kabela centre, Gollapudi village, Vijayawada rural mandal, NTR district. In the said property, the petitioner erected a G.I. sheet-roof shed.
While the matter stood thus, the 2nd respondent, on 20.09.2026 issued a show cause notice to the petitioner calling for an explanation as to why action should not be initiated against him for constructing a G.I. sheet roof shed in the subject property, contradictory to the Act, Rules and Regulations. However, the said show cause notice is allegedly not served on the petitioner, as such, the petitioner could not submit any explanation. It is the case of the petitioner that he came to know about such show cause notice only when the 2nd respondent issued the impugned proceedings dated 08.10.2026 by way of which the petitioner was directed to remove the construction. After receipt of the impugned proceedings dated 08.10.2026, the petitioner submitted his explanation dated 15.10.2026 to the show cause notice dated 20.09.2026 and as such, sought for a direction to the respondents not to proceed further in pursuance of the impugned confirmation orders, without considering the explanation submitted by the petitioner dated 15.10.2026.
Heard Mr. Shaik Khadar Vali, learned counsel for the petitioner and learned Standing Counsel for respondent Nos.2 and 3.
Perused the entire material available on record. During the course of arguments, learned Standing Counsel for the respondents stated that the petitioner was issued a show cause notice dated 20.09.2026 calling for an explanation, however, as no explanation was submitted by the petitioner, the respondent authorities have passed the impugned confirmation order dated 08.10.2026. On the other hand, learned counsel for the petitioner disputed service of the said show cause notice dated 20.09.2026 on the petitioner.
As the issue is with regard to demolition of structures constructed by the petitioner in the subject land after duly obtaining permission from the concerned authorities, this Court is of the opinion that, if at all the respondent authorities are permitted to proceed further without considering the explanation submitted by the petitioner on 15.10.2026, the petitioner would be put to irreparable loss. On the other hand, learned Standing Counsel for the respondents though has disputed with regard to non-service of show cause notice dated 20.09.2026 on the petitioner, has stated that the explanation submitted by the petitioner on 15.10.2026 would be considered.
In view of the same, instead of passing an interim order, this Court feels it appropriate to allow the writ petition by setting aside the impugned proceedings dated 08.10.2026. Further, the respondents are directed to consider the explanation submitted by the petitioner on 15.10.2026 pursuant to the show cause notice dated 20.09.2026 and pass appropriate confirmation orders in accordance with law. The said process shall be completed within a period of one (1) week from the date of receipt of a copy of this order.
Accordingly, with the above direction, this writ petition is allowed. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed.