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Judgment
V. Gopala Krishna Rao, J
Heard the Learned Counsels on both sides.
Sri N. Srihari, learned Standing Counsel for Gram Panchayat takes notice for the 1st respondent. The learned Government Pleader for Panchayat Raj takes notice for the 2nd respondent.
The grievance of the Writ Petitioner is that the impugned notice was issued by the 1st respondent-Gram Panchayat on 30.05.2023 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 1st respondent is against the principles of natural justice and therefore the impugned notice is liable to be set aside.
The learned Standing Counsel for the 1st respondent-Gram Panchayat now represented that if the writ petitioner made any construction it will cause more hurdle to the Panchayat Department and that the 1st respondent is ready to issue show cause notice, in writing, requiring the petitioner to offer his explanation and that the Writ Petition may be disposed of, with such a direction.
The learned counsel for the petitioner fairly represented that they will not take up any further constructions until the disposal of the application by the 1st respondent on hearing both sides against the said impugned notice in accordance with law.
Having regard to the overall facts and circumstances and as the impugned notice 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 1st respondent to issue show cause notice, in writing, to the petitioner within seven (7) days from the date of receipt of this order and after service of notice on the petitioner, the petitioner shall offer his explanation to the proposed show cause notice, within a week and thereafter, on hearing the petitioner, the 1st respondent shall pass necessary orders within seven (7) days, in accordance with law. Till then, there shall not be any demolition of the construction of the writ petitioner.
Accordingly, this 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.