THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.2956 of 2006 ORDER : This Writ Petition has been filed challenging the notices, dated 07-02-2006 issued by the 1st Respondent in the purported exercise of powers under Sections 192 and 193 of the Andhra Pradesh Municipalities Act, 1965, as illegal. By means of the said notice, the 1st Respondent has directed the petitioner to remove the encroachments on the ground that the occupation of the petitioner of an extent of 94.16 square meters of land belongs to the Nagara Panchayati, Rajampet. The petitioner claims that he is the owner of an extent of Ac.0.06 cents of land situated in Sy.No.917 of Rajampet Village, Kadapa District by virtue of a registered sale deed Document No.2341/68, dated 11-09-1968. He obtained permission vide Proceedings BLR No.405/03-04, dated 31-03-2004 and in pursuance of the same, he has constructed a building consisting of 1st and 2nd floors. It is stated that the said property has been assessed to tax and the petitioner has been paying the same. The 1st Respondent served the impugned notice, dated 07-02-2006 on the petitioner stating that the petitioner has encroached an extent of 94.16 square meters of land belonging to Gram Panchayat and directed him to remove the same within 7 days. Contending that the said notice is illegal, the petitioner has filed the present writ petition. The respondents, despite service of notice, have not chosen to file counter-affidavit. I am not inclined to go into the question whether the petitioner is the absolute owner or whether he has encroached the panchayat land. Suffice it to notice that the impugned order appears to have been passed without providing any opportunity to the petitioner to offer his explanation. A perusal of the order would show that no such exercise has been made before directing petitioner to remove the encroachments. The impugned action, therefore, in my view, is in violation of the basic principles of natural justice. The impugned order is, therefore, liable to be set aside on this limited ground and the impugned order is accordingly set aside. The 1st Respondent, however, is at liberty to take appropriate action in accordance with law after due notice to the petitioner as per law. The Writ Petition is accordingly disposed of. No costs. ________________ NOUSHAD ALI, J. 17th March, 2011. skmr