IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12007 of 2008 Between: M/s Maruthi Constructions, Rep by its Managing Partner Sri A. Venkateswara rao, S/o. late Somaiah, aged 45 years, Business, R/o. Hyderabad. ..... PETITIONER AND The Executive Officer, Panchayat Secretary, Pragathinagar Gram Panchayat, Qutbullapur Mandal, Ranga Reddy District. .....RESPONDENT 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 appropriate order or orders, direction more particularly one in the nature of writ of mandamus declaring impugned notice No.GP/197/11/07-08 , dated 21.1.2008 issued by the respondent Gram Panchayat, which was served on the petitioner on 10.6.2008, canceling the building permission and seeking to demolish the structures of the building bearing Plot Nos. 276 and 277 in Sy.No.160, 170, 171, 175 and 176, situated at Pragathinagar, Qutbullapur Mandal, Ranga Reddy, as illegal, arbitrary, violation of Articles 14 and 300-A of the Constitution of India Counsel for the Petitioner:MR.A.M.RAO Counsel for the Respondent No.: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) WRIT PETITION NO : 12008 of 2008 Between: M/s. M.S.R. Constructions, Rep by its Managing Partner Sri Unnam Bhaskara Rao, S/o. Adi Sheshaiah, aged about 38 years, Occ : Business, R/o. Hyderabad. ..... PETITIONER AND The Executive Officer/Panchayat Secretary, Pragathinagar Gram Panchyat, Qutbullapur Mandal, Ranga Reddy District. .....RESPONDENT 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 appropriate writ order or orders, direction more particularly one in the nature of Writ of Mandamus declaring impugned notice No. GP/197/10/07-08, dated 21-1-2008 issued by the respondent Gram Panchayat, which was served on the petitioner on 10-6-2008, canceling the builing permission and seeking to demolish the structures of the building bearing Plot Nos. 274 and 275 in Sy.No. 160, 170, 171, 175 and 176, situated at Pragathinagar, Qutbullapur Mandal, Ranga Reddy, as illegal, arbitrary, violtion of Articles 14 and 300-A of the constitution of India. Counsel for the Petitioner:MR.A.M.RAO Counsel for the Respondent No.: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) The Court made the following : COMMON ORDER:- The petitioners in these writ petitions purchased various extents of plots in Sy. Nos. 160, 170, 171, 175 and 176 situated in Pragathinagar village, Qutbullapur Mandal, Ranga Reddy District. They state that they made separate applications to the respondent- Executive Officer/Panchayat Secretary, Pragathinagar Gram Panchayat with necessary documents, requesting him to grant permission for construction of houses in their respective plots. The respondent, having considered their applications, granted permission for construction of houses. In pursuance of the permission, the petitioners made constructions/raised houses/buildings on their respective plots and are residing therein. While so, the respondent issued individual notices dated 21.01.2008 stating that the constructions being made/raised by them in their respective plots fall under Ambeer Cheruvu (Full Tank Level) and Buffer Zone and that suppressing this fact they had obtained building construction permission, and therefore, the construction permission granted to them is cancelled. Now, the petitioners’ grievance is that the respondent, without issuing prior notice calling upon them to submit their explanations, is seeking to demolish the constructions made in their lands. Hence, the petitioners have filed the present writ petitions seeking to declare the individual notices dated 21.01.2008 issued by the respondent canceling the building permission and also the action of the respondent in seeking to demolish the constructions/structures made/raised by them in their respective plots, as illegal and arbitrary. The learned counsel for the petitioners submitted that the proceedings dated 21.01.2008, which is styled as notice, in fact, is not a show cause notice, but a final order canceling the building permission granted to the petitioners. He further submitted that under Section 127(2) of the A.P. Panchayat Raj Act, 1994 before cancelling the building permission, the respondent is under an obligation to issue notice calling upon the individuals to submit their explanations as to why the building permission shall not be cancelled, and upon considering the explanations, if any, to be submitted, pass appropriate orders and then take action in terms therewith, but the respondent, without issuing any such notice calling for the explanations from the petitioners, has sought to demolish the constructions/structures made/raised by the petitioners in pursuance of the building permission granted to them, which is illegal and arbitrary. Hence, he prayed for appropriate directions. The learned Standing Counsel for Gram Panchayat has submitted that the petitioners even though produced necessary documents at the time of applying for grant of building construction permission, they did not bring the fact that the constructions to be made by them falls under Ambeer Cheruvu (Full Tank Level) and Buffer Zone, and thereby misled the respondent and obtained building construction permission, and therefore, the respondent cancelled their building permission. Heard the learned counsel for the petitioners and the learned Standing Counsel for Gram Panchayat appearing for the respondent and perused the material placed on record. Even though the proceedings dated 21.01.2008, issued by the respondent, is styled as notice, the same, in fact, is not a notice, but a final order cancelling the building permission granted to the petitioners. This order, apart from canceling the building permission granted to the petitioners, calls upon them not to make any constructions/remove the constructions already made. If, according to the respondent, the petitioners have obtained building construction permission by misleading him or by playing fraud upon him, definitely he is entitled to take action for cancelling the building construction permission, but before taking steps to cancel the building permission, he is under an obligation to issue notice to the individuals/petitioners calling upon them to show cause as to why the building permission granted to them should not be cancelled and why they should not be prevented from making further constructions/remove the constructions already made, but since the impugned order, has directly cancelled the permissions granted to the petitioners without issuing any notice, the counsel for the petitioner and the learned Standing Counsel for the respondent-Executive Officer, Pragathinagar Gram Panchayat agreed to the disposal of the writ petition with the following directions: The order dated 21.01.2008, issued by the respondent- Executive Officer, Pragathinagar Gram Panchayat, shall be treated as Show Cause Notice to the petitioners, calling upon them to show cause as to why the building construction permission granted to them should not be cancelled, and why they should not be prevented from making further constructions/demolish the constructions already made, because the constructions being made by them fall in Ambeer Cheruvu (Full Tank Level) and Buffer Zone. The petitioners shall submit their explanation to the impugned notice within a period of six weeks from the date of receipt of a copy of this order. Thereafter, the respondent shall consider the explanations to be submitted by the petitioners and then pass appropriate orders. Till such exercise is undertaken, status quo obtaining as on today shall be maintained with respect to the constructions made by the petitioners. Accordingly, these writ petitions are disposed of. No costs. ______________ N.V. RAMANA, J 8th July, 2009. bcj