THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition Nos.14505, 14302, 14345, 14303 and 13938 of 2009 DT.23.02.2011 Between: Yekkala Sudhakara Rao and others … Petitioners (W.P.No.14505 of 2009) And The Gram Panchayat Karempudi, rep.by its Panchayat Secretary, Karempudi Village and Mandal, Guntur District and others … Respondents (W.P.No.14505 of 2009) Counsel for the Petitioners: None appeared Counsel for respondent No.1: Sri G.Elisha The Court made the following: COMMON ORDER: At the hearing, there is no representation for the petitioners. I have heard the learned Standing Counsel representing respondent No.1. The petitioners claim to be in possession of houses/shops situated within the Karempudi Gram Panchayat limits. It is their pleaded case that they have acquired proprietary rights over those properties under registered sale deeds and they have constructed houses thereon, after obtaining building permissions from respondent No.1-Gram Panchayat. By the impugned proceedings, which are styled as notices, respondent No.1 called upon the petitioners to remove the alleged encroachments within 10/15 days, failing which, action for removal of the encroachments will be initiated under Sections 96, 97 and 98 of the A.P.Panchayat Raj Act, 1994 (for short ‘the Act’). In some of the writ petitions, counter affidavits have been filed by the Panchayat Secretary of the Karempudi Gram Panchayat, wherein it is inter alia stated that the entire land admeasuring Acs.43.63 cents in Survey No.347 is a gramakantam land vested in the Gram Panchayat, that the petitioners are encroachers over the road margin in street No.34 and carrying on the businesses by raising pucca constructions and that the Karempudi Village is having historical importance as Palnati War has taken place in the said Village and thereby it has become a popular tourist place. It is further stated that on the complaints received from social workers, a Committee constituted by the Legislative Council addressed to the Principal Secretary to the Government, Roads & Buildings, to take appropriate steps for removing the encroachments and that in pursuance of the same, the impugned proceedings have been issued. The Gram Panchayat has asserted its right to remove the encroachments under Section 98 of the Act. That the Gram Panchayat, in whom, the rights are vested has power under Section 98 of the Act to remove the encroachments, is not in dispute. But, the manner of exercise of this power alone needs to be considered in these writ petitions. As noted above, though the impugned proceedings are styled as notices, they, in effect, are in the nature of mandatory directions to the petitioners to remove the alleged encroachments within 10/15 days and further indicating therein that if these directions are not complied with, action for their eviction will be initiated. The law is well settled that before passing an order adverse to the interests of a party, he is entitled to a notice and an opportunity for submitting his explanation. It is not the pleaded case of the Gram Panchayat that this procedure is followed. I am, therefore, of the opinion that the impugned proceedings are in violation of the Principles of Natural justice. Under these circumstances, the writ petitions are disposed of in the following terms: (1) The impugned proceedings shall be treated as show- cause notices and the petitioners are permitted to file their objections, if any, within a period of four weeks from today; (2) If objections are received within the time prescribed, the Karempudi Gram Panchayat shall consider the same, pass appropriate orders and communicate the same to the petitioners; (3) Till appropriate decision is taken and communicated to the petitioners, no action for demolition of the existing structures shall be taken and (4) If the petitioners feel aggrieved by the decision, if any, taken by the Karempudi Gram Panchayat, they shall be free to avail appropriate remedies available in law. (C.V.NAGARJUNA REDDY, J) Date:23.02.2011 VGB