IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.28483 OF 2007 Between: B.Brahmaiah and another … Petitioners AND The District Panchayat Officer and three others. … Respondents This Court made the following: O R D E R : The petitioners are residents of Medchal Village and Mandal, Ranga Reddy District. They constructed a house in plot No.6 of R.T.C Colony, situated in Survey No.67/1 of Medchal Village and Mandal, Ranga Reddy District. Their grievance in the present writ petition is that the District Panchayat Officer, Ranga Reddy District, by memo dated 05-10-2007, basing upon enquiry report dated 01-10-2007 submitted by the Divisional Panchayat Officer, Ranga Reddy (East), concluded that they had constructed their buildings without leaving the required set backs as per the rules and directed the Panchayat Secretary, Medchal Gram Panchayat to take action for removal of the said illegal construction. The complaint of the petitioners is that they were not put on notice prior to the enquiry and the unilateral finding by the Panchayat Officials with regard to the nature of their construction. 2. This Court, by interim order dated 31-12-2007, granted suspension of the impugned memo dated 05-10-2007. W.V.M.P. No.762 of 2008 was filed by respondent No.4 in the writ petition, a neighbour, to vacate the above order. 3. With the consent of the learned counsel appearing for the parties, the main matter is taken up for disposal. 4. The Panchayat authorities did not choose to file a counter in the matter. However, their stand is apparent from the impugned memo dated 05-10-2007 and the report dated 01-10-2007 submitted by the Divisional Panchayat Officer, Ranga Reddy District (East). It is clear from a reading of these two proceedings that no notice was given to the petitioners prior to collection of data and the finding that their construction was illegal. The impugned memo dated 05-10-2007 no doubt directs the Panchayat Secretary, Medchal Gram Panchyat to take action under the provisions of the of A.P. Panchayat Raj Act, 1994 and the rules contained in G.O.Ms.No.67, PR&RD, dated 26-02- 2002, but the fact remains that the District Panchayat Officer recorded his conclusion to the effect that the buildings of the petitioners were illegally constructed. Needless to state, the principles of natural justice required that the petitioners be given notice and an opportunity to putforth their case before such conclusion was reached by the authorities. There is, thus, a clear violation of the rule of audi alteram partem. 5. The Writ Petition is accordingly disposed of setting aside the impugned memo dated 05-10-2007. This shall not preclude the respondent-authorities from conducting an enquiry into the matter after giving due notice to the petitioners and taking necessary action in the matter in accordance with the procedure prescribed under the A.P. Panchayat Raj Act, 1994 and the Rules framed thereunder. As it is the complaint of respondent No.4, a neighbour of the premises occupied by the petitioners, that she is being put to great inconvenience, it would be in the interest of justice that the respondent-authorities take necessary steps in the matter expeditiously. There shall be no order as to costs. __________________ SANJAY KUMAR, J Date: 17-02-2011. KVS/RKK HE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.28483 OF 2007 February 17, 2011