IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No : 138 of 2010 Between: Somarouthu Venkata Padma Rao and others. ..... PETITIONERS AND The State of A.P., rep.by the Secretary, Panchayat Raj Department, Secretariat, Hyderabad and others. .....RESPONDENTS Order: The petitioners filed the present writ petition questioning the action of the second respondent, namely, the Gram Panchayat, Lakshmipuram Village, Challapalli Mandal, Krishna District, in issuing the impugned notice, dated 05.01.2010, directing them to remove the encroachments on the tank place, within a period of three days and handover possession of the same. At the hearing, it is submitted by the learned counsel for the petitioners that the subject land does not belong to the second respondent-Gram Panchayat and that the second respondent without issuing any prior notice has straight away issued the impugned notice, dated 05.01.2010, directing eviction of the petitioners. I have heard the learned counsel for the petitioners and perused the material on record. Though the impugned order passed by the second respondent- Gram Panchayat, is styled as a notice, the same in fact, is a final order directing the petitioners to remove the encroachments within a period of three days. Since no notice whatsoever was issued to the petitioners before passing the impugned order, I deem it appropriate to dispose of the writ petition with the following directions: The impugned notice is treated as show cause notice to the petitioners. The petitioners are directed to submit their explanation thereto within a period of one week from today. Thereupon, the second respondent-Gram Panchayat, is directed to consider the explanation, if any, to be submitted by the petitioners and pass appropriate orders. Till such time, status quo obtaining as on today shall be maintained by the parties. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date:06.01.2010 Note: Issue operative portion by wire at party’s costs. (b/o) VGB