IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13230 of 2008 Between: 1.Gunji Koti Ratnam W/o. Ankamma Jaladi Village, Edlapadu Mandal, Guntur District. 2.Derangula Venkayamma W/o. Venkateswarlu Jaladi Village, Edlapadu Mandal, Guntur District. 3.Gunji Peda Musalaiah S/o. Lakshmaiah Jaladi Village, Edlapadu Mandal, Guntur District. 4.B. Appa Rao S/o. Venkata Subbaiah Jaladi Village, Edlapadu Mandal, Guntur District. 5.B. Nageswara Rao S/o. Venkata Subbaiah Jaladi Village, Edlapadu Mandal, Guntur District. ..... PETITIONERS AND 1 The District Collector, Guntur District. 2 Divisional Panchayat Officer, Narasaraopet, Guntur District. 3 Tahsildar, Edlapadu Mandal, Guntur District. 4 The Jaladi Gram Panchayat rep. by its Secretary, Edlapadu Mandal, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing the impugned notice dated 10.6.2008 and trying to dispossess the petitioner from the house situated in Survey No.79 at Jaladi Village, Edlapadu Mandal, Guntur district without following due process of law as arbitrary, illegal, and in violation of principles of natural justice. Counsel for the Petitioners: MR.VENKATESWARLU POSANI Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.13230 of 2008 ORDER: The petitioners herein claim to be the owners and possessors of small extents of land situated in Survey No.79 of Jaladi village, Edlapadu Mandal, Guntur District, having purchased the same under registered sale deeds in the year 1969. It is stated that residential houses have been constructed in the said land and the petitioners are staying therein. This writ petition is filed aggrieved by the impugned notice issued by the fourth respondent-Gram Panchayat, dated 10.06.2008, under which, the petitioners were directed to remove their houses standing on Survey No.79 alleging that they are encroachers and that the constructions were made in the tank bund. It is primarily contended by the petitioners that the said notice issued by the fourth respondent is arbitrary, illegal and in violation of principles of natural justice, since no opportunity was given to the petitioners to explain the alleged encroachment into the tank bund, before issuing the impugned notice. It is also pleaded by the petitioners that the allegation that they have encroached into the tank bundis absolutely false and without any basis. Having heard the learned counsel for the petitioners as well as the learned Standing Counsel appearing for the fourth respondent-Gram Panchayat, and having regard to the admitted fact that the impugned notice directing removal of the houses belonging to the petitioners was passed without affording any opportunity to the petitioners to explain the allegations, I find force in the contention of the petitioners that the impugned order is in violation of the principles of natural justice. Accordingly, the impugned notice, dated 10.06.2008, is hereby set aside and the writ petition is disposed of. However, this shall not preclude the respondents to take fresh steps following due process of law, if necessary. No costs. _______________ 25.06.2008 VGB