IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18226 of 2008 Between: 1 Ummaneni Ramulu S/o.Gopaiah R/o.H.No.26/3/321 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 2 Ummaneni Tirupathaiah S/o.Ramulu R/o.H.No.26/3/317 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 3 Yadlapalli Sreenu S/o.Bikshalu R/o.H.No.26/3/315 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 4 Yadlapalli Durga Rao S/o.Bikshalu R/o.H.No.26/3/322 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 5 Yadlapalli Raju S/o.Bikshalu R/o.H.No.26/3/317 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 6 Gorrela Sundaram S/o.Mohana Lingam R/o.H.No.26/3/318 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 7 Ummaneni Venkateswarlu S/o.Gopaiah R/o.H.No.26/3/319 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 8 Yadlapalli Ramu S/o.Bikshalu R/o.H.No.26/3/316 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 9 Yadlapalli Bramhaiah S/o.Bikshalu R/o.H.No.26/3/314 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 10 Eega Jayamma W/o.Chinnaiah R/o.H.No.26/3/320 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District 11 Yadlapalli Gopi S/o.Bikshalu R/o.H.No.26/3/314 Resident of Janashakthi Nagar Vedayapalem, B.V.Nagar,Nellore, Nellore District ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, rep.by its Secretary Housing and Municipal Administration Department Secretariat, Hyderabad 2 The District Collector, Sri Potti Sriramulu Nellore district Nellore 3 The Revenue Divisional Officer, Nellore 4 Nellore Municipal Corporation, Nellore rep.by its Commissioner .....RESPONDENT(S) 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 to issue a writ of mandamus or any other appropriate writ order or direction declaring the orders of the 4th respondent in Notice U/s.402 of the HMC Act dated 11.8.2008 and the action of the respondents in seeking to dispossess them from their houses bearing Nos. 26/3/317,26/3/321,26/3/315,26/3/322,26/3/317,26/3/318,26/3/319,26/3/316,26/3/314,26/3/320,26/3/314, Janashakthi Nagar, Vedaua[a;e, B.V.Nagar, Nellore,Sri Potti Sriramulu Nellore District without following the due process of law as illegal, arbitrary, without jurisdiction etc and grant such other relief or reliefs as this Hon`ble court may fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.V.L.N.SARMA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : O r d e r: This Writ Petition has been filed by the petitioners who are 11 in number assailing the notice under section 402 of Hyderabad Municipal Corporations Act, 1955. This is second journey of the petitioners to this Court. Earlier the petitioners approached this Court by filing W.P.No.6537 of 2008 complaining dispossession without putting them on notice. The writ petition came to be disposed of on 14.7.2008 directing the respondents to put the petitioners on notice before they have are being evicted from the sites in their occupation. The relevant portion of the order in the writ petition reads as under: “ 5. A fact remains that the petitioners are the encroachers and they have put up some structures on the encroached land. In such a situation, if any action is to be initiated against them, the respondents have to put them on notice and pass appropriate orders in accordance with law. 6. With the above direction, the writ petition is disposed of at the admission stage. No costs.” Pursuant to the directions given by this Court in the earlier writ petition, the 4th respondent issued notice to the petitioners purportedly under section 402 of HMC Act, 1955 directing the petitioners to remove the encroachments within 7 days. When the writ petition came up for admission, learned Standing Counsel of Nellore Municipality received notice on behalf of the 4th respondent. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for 4th respondent. Learned counsel appearing for the petitioners submits that the provision under which notice has been caused on the petitioners is applicable in the circumstances of the case. A further submission has been made that passing final orders directing the petitioners to vacate the premises without receiving their explanation amounts to violation of principles of natural justice. Learned Standing Counsel appearing for 4th respondent submits that alternative sites have already been provided to the petitioners but for the reasons best known to the petitioners they are not moving out to the sites earmarked to them. A fact remains that the notice purportedly issued under section 402 of HMC, Act, 1955. The petitioners have been straight away asked to vacate the premises within 7 days. In all fairness 4th respondent must have allowed the petitioners to submit their explanation and thereupon proceed to pass the final orders. In the given facts and circumstances of the case, the notice dated 11.8.2008 issued to the petitioners shall be treated as a show cause notice. The petitioners are given liberty to submit their explanation within two weeks from the date of receipt of a copy of this order and 4th respondent shall pass final orders after considering their explanations. Accordingly, this writ petition is disposed of. No costs. 22nd August, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.18226 OF 2008 22ND AUGUST 2008