IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25048 of 2000 Between: Sri Penugonda Prabhakar Rao … Petitioner AND The Executive Officer, Kuchipudi Grampanchayat, Movva Mandal, Krishna District & another. … Respondents Counsel for the petitioner : None Counsel for respondent No.2: AGP for Panchayat Raj This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25048 of 2000 ORDER:- This writ petition is ﬁled for a writ of Mandamus to set aside proceedings dated 05.12.2000 issued by respondent No.1. At the hearing, there is no representation for the petitioner. Perused the record. By the impugned notice, respondent No.1 directed the petitioner to remove the chicks and demolish the poultry shed allegedly constructed by him without obtaining prior sanction from respondent No.1 Gram Panchayat. A perusal of the said notice shows that the same was issued purporting to act on a direction of this Court passed in WP.No.22096 of 2000 vide its order dated 17.11.2000. The grievance of the petitioner as could be seen from the averments contained in his aﬃdavit is that before directing him to remove the shed, he was not given any notice or opportunity of hearing. He also pleaded that there was never any positive direction given by this Court in the said writ petition and that this Court merely directed respondent No.1 to consider representation dated 04.10.2000 said to have been ﬁled by the petitioners therein. I have carefully considered the averments contained in the aﬃdavit and the contents of order dated 17.11.2000 passed in WP.No.22096 of 2000. In the said order, this Court, while holding that the grievance of the petitioners does not fall within the ambit of public interest litigation, directed that the representation of the petitioners therein pending with respondent No.1 shall be considered. In the impugned notice, respondent No.1 referred to Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994 in asking the petitioner to remove the structure raised by him without prior sanction. Whether the said structure was raised in pursuance of a sanction or not is required to be adjudicated only after a notice is issued to the petitioner and an opportunity is aﬀorded to him to explain against the proposed action. Even in the absence of any requirement under the statute, principles of natural justice shall be treated as inbuilt in the statute whenever an authority seeks to pass an order and take action detrimental to the interest of a person. In this view of the matter, the writ petition is allowed and the impugned proceedings are set aside. Liberty is given to respondent No.1 to initiate proceedings afresh by giving an appropriate notice to the petitioner before passing any order for demolition of the poultry shed said to have been constructed by the petitioner without prior sanction. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.31954 of 2000 ﬁled by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 01.08.2008 ES