THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.27945 of 2011 Date: 14.11.2011 Between : Balanagu Subba Rao … Petitioner and Bhimadole Grama Panchayat, Rep. by its Executive Authority-cum- Panchayat Secretary, West Godavari District. … Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.27945 of 2011 ORDER : Heard Sri A. Ramakrishna, counsel representing Sri Nimmagadda Satyanarayana, learned counsel appearing for the petitioner as well as Sri G. Raju, counsel representing Sri G. Elisha, learned Standing Counsel appearing for the respondent, and with their consent the writ petition is being disposed of at the admission stage. 2. The petitioner claims to be the absolute owner and possessor of the house situated in an extent of Ac.0.10 cents in Sy.No.82/6 of Bhimadole Village and Mandal, West Godavari District. He raised sheds with asbestos roof in the said site. The said unobjectionable encroachment sheds are assessed to encroachment tax. The respondent has issued the impugned notice in Roc.No.63/2010, dated 11.9.2011 directing the petitioner to remove the said sheds within three days from the date of receipt of the said notice. Aggrieved by the same, the petitioner has filed the present writ petition. 3. A perusal of the impugned order shows that though the same is styled as a notice, the respondent has given a mandatory direction to remove the encroachment without providing an opportunity to the petitioner to submit his explanation. In my opinion, even if the petitioner has encroached and obstructed the drains, the respondent could have passed the order after due notice to the petitioner, since the same forms part of the principles of natural justice. 4. Identical proceedings were under challenge in W.P.No.23620 of 2010 and this Court allowed the said writ petition by order dated 29.12.2010. Both the learned counsel admit that the issue in this writ petition is squarely covered by the said judgment of this Court. 5. In view of the aforesaid facts and admission of the learned counsel for the parties, the impugned order dated 11.9.2011 is set aside with liberty to the respondent to give a notice inviting objections from the petitioner and pass appropriate orders after considering the objections, if any, filed by him. 6. Subject to the above directions, the writ petition is disposed of. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 14.11.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.27945 of 2011 14.11.2011 (Msr)