IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.221 of 2010 Between: Nookala Radhakrishna And others …Petitioners AND The State of A.P., rep by The Secretary, Panchayat Raj Department Secretariat, Hyderabad. And others. …Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.221 of 2010 ORDER: This Writ Petition is moved as House Motion, in view of urgency. The petitioners filed this writ petition seeking a writ to declare the action of the 4th respondent – Secretary, Gram Panchayat, Lakshmipuram Village, Challapalli Mandal, Krishna District in issuing the order in R.C.No.05/2010 dated 05-01-2010, whereby, the petitioners have been directed to remove the constructions and handover the land to the Gram Panchayat within three days from the date of receipt of notice. The petitioners claim that they are the residents of Lakshmipuram Village, Challapalli Mandal, Krishna District and they have constructed houses and the Gram Panchayat has also allotted door numbers to their respective houses. They also claim that electricity connections have been given and that they are paying taxes to the Gram Panchayat regularly. By the order in R.C.No.05/2010, dated 05-01-2010, the 4th respondent has called upon the petitioners to handover the land on the ground that the petitioners have occupied the tank land unauthorisedly and constructed houses. The houses constructed by the petitioners are stated to be on the Bund of the tank and the same is obstructing the developmental work as well as causing pollution in the tank. The petitioners contend that the said orders have been given without notice and without providing an opportunity to submit explanation and if the orders are given effect to, they would be thrown out of the houses and they would face great hardship. The petitioners also contend that although the 4th respondent has stated that houses are constructed on the tank bund, in fact, the houses are located on the land belonging to the Roads and Buildings Department. During the course of hearing, the learned counsel appearing for the petitioners submitted that it would be sufficient if the petitioners are given opportunity to file explanation before the 2nd and 4th respondents and the interests of the petitioners is protected till then. Having regard to the fact that the 4th respondent has given only three days time for handing over the land and also the fact that the petitioners have been residing for considerable time and that the petitioners have not been given any opportunity before taking the proposed action against them, I am of the opinion that the action of the 4th respondent appears to be unreasonable. The learned counsel for the petitioners has submitted that the interests of the petitioners can be safeguarded by providing reasonable opportunity to make representation before the 2nd and 4th respondents. In this view of the matter, I am inclined to dispose of the writ petition at the admission stage, with the following directions. 1. The petitioners are permitted to submit their explanation to the 4th respondent within a period of four (04) weeks from today. 2. On such filing of the objections by the petitioners, the 4th respondent is directed to consider the same objectively and pass appropriate orders and communicate the same to the petitioners. 3. Till the orders are passed and communicated to the petitioners, the 2nd and 4th respondents are directed not to dispossess the petitioners from their respective houses. The writ petition is, accordingly, disposed of. There shall be no order as to costs. __________________ JUSTICE NOUSHAD ALI January 08, 2010 BVV