THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.10668 of 2005 ORDER: This writ petition is filed questioning notice bearing No.GPN.29/23/4/05, dated 23.04.2005, issued by the respondent – Panchayat Secretary, Village Secretariat, Nellikuduru, Warangal District. It is stated that petitioner is the owner and possessor of house property bearing No.7-99/2 situated at Nellikuduru Village and Mandal, Warangal District. It is further stated that the house was constructed by obtaining due permission from the Gram Panchayat on 19.11.2002. It is also stated that at the first instance, the District Panchayat Officer, Warangal, issued Memo bearing No.2303/04/A4, dated 07.08.2004, stating that the petitioner has encroached an extent of 34.33 sq.yards of land belonging to the Government High School, Nellikuduru, and made constructions, as such, he was asked to vacate the aforesaid piece of land and hand over the same along with the constructions. Aggrieved by the same, the petitioner filed W.P.No.14713 of 2004, which was disposed of by this Court vide its order, dated 19.08.2004, by recording a finding that no notice was issued before instructions were issued for removal of alleged encroachment, and keeping open to the respondents therein to conduct enquiry by issuing notice to the petitioner. Again, referring to the very same memo, dated 07.08.2004, issued by the District Panchayat Officer, Warangal, in similar lines, the respondent issued the impugned notice directing the petitioner to hand over the land admeasuring 34.33 sq.yards and constructions thereon on the ground that the said land belongs to the Government High School. This Court by order, dated 29.04.2005, granted interim stay of the impugned notice. The same was continued all along. But, no counter- affidavit is filed by the respondent controverting the allegations levelled by the petitioner. From a perusal of the impugned notice, it is clear that the basis for issuing such notice is only earlier memo, dated 07.08.2004, issued by the District Panchayat Officer, Warangal, which was the subject matter of W.P.No.14713 of 2004, in which, this Court kept open for the authorities to conduct enquiry by giving notice and opportunity to the petitioner. It is also clear that there is no prior opportunity to the petitioner. Although under the scheme of the Andhra Pradesh Panchayat Raj Act, 1994, the respondent authorities are empowered to remove the encroachments made into the area of the Gram Panchayat, no steps shall be taken for removal of such encroachments, unless the person, against whom the allegations are made, has been given an opportunity. As much as it is the case of the petitioner that the constructions were made on his own land by obtaining permission from the Gram Panchayat, the respondent cannot straight away issue directions to the petitioner for handing over the alleged encroached portion. For the aforesaid reasons, the impugned notice is liable to be set aside. Accordingly, the impugned notice is set aside. It is made clear that if there is any encroachment by the petitioner, this order will not preclude the respondent authority to conduct enquiry by issuing notice to him and take steps in accordance with law. Subject to the above, the writ petition is allowed. No order as to costs. ______________________ R.SUBHASH REDDY, J 29th JULY, 2010. kvni