THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.22430 of 2009 ORDER: The Rajampeta Municipality, the first respondent herein, issued a notice under Sections 192 and 193 of the Andhra Pradesh Municipalities Act, 1965 (for short ‘the Act’) requiring the petitioner to vacate the area to an extent of 80.32 square meters being part of house No.6/969-H of Noornevaripalli Road, Rajampeta Municipality. The petitioner feels aggrieved by that. He states that he has not encroached into any Government or Municipality land and straight away a notice was issued requiring him to vacate it. Heard Sri P.Sree Ramulu Naidu, learned counsel for the petitioner and Sri S.I.Newton, learned Standing Counsel for the first respondent. The Municipality is, no doubt, vested with the power under Sections 192 and 193 of the Act to remove encroachments or unauthorised constructions. However, before any action is taken against any individual, a show cause notice must be issued. It is only after the explanation is considered that a final opinion can be formed as to the alleged encroachment. The impugned notice straight away requires the petitioner to vacate the premises. Such a course is opposed to law. This Court is of the view that the impugned notice can be treated as show cause notice and the petitioner be given an opportunity to submit explanation. The Municipality can pass appropriate orders thereafter, duly considering the explanation that may be submitted by the petitioner. Hence, the writ petition is disposed of, directing that the impugned notice, dated 07.02.2006, shall be treated as a show cause notice and it shall be open to the petitioner to submit explanation, within a period of four (4) weeks from today. Thereafter, the first respondent shall pass appropriate orders, taking into account the explanation submitted by the petitioner. Till this process is completed, the respondents shall not demolish the premises of the petitioner. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt:21.10.2009 Note: Issue cc in three days. (B/o) kdl