THE HON’BLE SRI JUSTICE K.C.BHANU W.P.NO.11343 OF 2011 ORDER The petitioners, who claim to be in possession of the land belonging to the Zilla Parishath, filed this writ petition assailing notice in Roc.No.105/2009-G1, dated 15-4- 2011, whereby the former were asked to remove the unauthorized constructions raised by them, within 10 days, failing which 1st respondent would remove those constructions and recover the expenses therefor from the petitioners. At the hearing, Sri Kowturu Vinaya Kumar, learned counsel for the petitioners, submitted that before issuing the impugned proceeding, which, though is styled as a notice, is in the nature of a final order directing the petitioners to remove the structures, no show cause notice was issued calling for their objections. A detailed counter-affidavit is filed on behalf of the 2nd respondent. In my opinion, even if the petitioners have unauthorisedly constructed the shop rooms, they are entitled to at least an opportunity of explaining their case before the action for removal of the alleged unauthorized structures is taken. As this mandatory procedure is not followed, the impugned proceedings cannot be sustained. Accordingly, instead of setting aside the impugned proceeding, it is directed that the same be treated as a show cause notice and the petitioners are permitted to file their objections thereto within a period of three weeks from today. On the expiry of three weeks, if the objections are received by the 1st respondent from the petitioners, the same shall be considered and appropriate order be passed before seeking to proceed further against the alleged unauthorized constructions. Till this exercise is completed, the 1st respondent shall not interfere with the possession of the shops in occupation of the petitioners. Subject to the above directions, the writ petition is disposed of. _____________ K.C.BHANU,J rkk Dated: 16-11-2011