IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23620 of 2010 Between: Ethakota Annavaram ..... Petitioner AND Bhimadole Gram Panchayat Bhimadole Village & Mandal, West Godavari District. .....Respondent Counsel for the petitioner: None Counsel for the respondent: Sri G. Elisha The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23620 of 2010 ORDER: This Writ Petition is filed for a Mandamus to set aside proceedings Roc.No.63/2010, dated 06.09.2010 of the respondent, whereby the petitioner has been called upon to remove the construction raised by him over the alleged drain within three days from the date of receipt of notice. At the hearing, there is no representation for the petitioner. I have heard Sri G. Elisha, learned Standing counsel for the respondent. The petitioner, who claims to be the lawful owner of the portion of the property over which he has raised a shed, felt aggrieved by the impugned order. While he asserts that the land belongs to him, in the counter affidavit filed on behalf of the respondent, it is inter alia stated that the petitioner encroached the Zilla Parishad road margin and constructed the cement roof shed over the drain portion causing inundation of water during rainy season and that therefore a notice to the petitioner along with 14 other similarly placed encroachers was given for removal of the encroachments. A perusal of the impugned proceedings shows that though the same is styled as a notice, the respondent has given a mandatory direction to remove the alleged encroachment and report the same to it within three days of receipt of the proceedings. In my opinion, even if the petitioner has encroached the Zilla Parishad land and obstructed the drain, the respondent shall issue prior notice calling for the objections from the petitioner and after considering such objections, it can pass an order for removal of the encroachment, if it is satisfied that the petitioner is in occupation of the Zilla Parishad land. As this procedure, which forms part of principles of natural justice, has not been followed, the impugned proceedings are set aside with liberty to the respondent to issue a notice inviting objections from the petitioner and pass an appropriate order, after considering such objections, if any filed by him. Subject to the above observations, the Writ Petition is allowed. As a sequel to disposal of the Writ Petition in the manner indicated above, WPMP.No.30237 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 29.12.2010 ES