IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19126 of 2008 Between: 1 Koppisetti Uma Maheswara Rao S/o.Danaiah Setti R/o.Tatipaka village ,Razole Mandal East Godavari District 2 Koppisetti Satyavathamma W/o.Danaiaha Setti R/o.Tatipaka village ,Razole Mandal East Godavari District ..... PETITIONER(S) AND 1 Tatipaka Gram panchayat, rep.by its Secretary Tatipaka village, Razole Mandal,East Godavari District 2 District Collector (Panchayat Raj Wing), East Godavari District at Kakinada .....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 action of the 1st respondent in issuing the impugned Notice U/sec.101(1) of Panchayat Raj Act dated 19.8.2008 to the petitoners herein ordering to demolish the sunshade of their building in D.No.8-171 of Tatipaka village, Razole Mandal, East Godavari District as illegal, arbitrary, colorable exercise of power and for a consequential order directing the respondents drop all further proceedings in this regard and pass Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19126 of 2008 ORDER: The petitioners constructed a building, on the strength of a permission accorded to them by the Gram Panchayat in the year 2004. The Gram Panchayat issued a notice, dated 19.08.2008, requiring the petitioners to remove the sun-shade of the building. It was also proposed to prosecute the petitioners, in case, they do not comply with the direction. They feel aggrieved by the notice. Heard the learned counsel for the petitioners and the learned counsel for the respondents. The impugned notice was issued under Section 101 of the A.P. Panchayat Raj Act. The provision relates to protection of public roads and prevention of obstructions on the public roads, vested in the Gram Panchayat. Even assuming that the petitioners had caused any obstruction on the road, they have to be issued a show cause notice, and action can be taken, only after considering the explanation oﬀered by them. Admittedly, no such notice was issued to the petitioners. This Court is of the view that the impugned notice can be treated as a show cause notice, leaving it open to the respondents to take action, after considering the explanation. Hence, the writ petition is disposed of, directing that the impugned notice, dated 19.08.2008, shall be treated as a show cause notice and it shall be open to the petitioners to submit their explanation, within a period of two (2) weeks from today. The respondents shall take further steps, only on a consideration of the explanation submitted by the petitioners. Till such ﬁnal orders are passed, no coercive steps shall be taken against the petitioners. There shall be no order as to costs. _________ 02.09.2008 Note: Issue C.C. on 04.09.2008 (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19126 of 2008 Date: 02.09.2008 JSU