HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25332 of 2008 Date : 25.11.2011 Between : S.K.Hussena Begum @ Hasina Begum. …..Petitioner And The Village Secretary, Grampanchayat, Kodad & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25332 of 2008 ORDER : Though interlocutory matters are coming up for hearing, at the request of learned counsel for the parties, the writ petition itself is taken up for hearing and is being disposed of. Heard learned counsel for petitioner and also the learned Standing Counsel Sri P.Raghavendor Reddy, appearing for the 1 st respondent- Grampanchayat. In this writ petition, the petitioner has questioned the notice, dated 12.11.2008, issued by the 1st respondent-Grampanchayat in Proceedings No.1532/2008. By the aforesaid notice, the Grampanchayat, alleging that the constructions covered by H.No.5- 135/1 of Kodad village are illegally made without permission from the Grampancyhayat, directed the petitioner to remove such illegal constructions. In this writ petition, it is the case of the petitioner that she has purchased the aforesaid constructed property from Smt. Chattu Lakshmi for a sale consideration of Rs.34,000/- through registered sale deed bearing document No.1800/97, registered on the ﬁle of Sub-Registrar, Kodad on 24.05.1997. It is submitted by the learned counsel for petitioner that though no structures were raised by her as alleged in the impugned notice, without giving any opportunity to her, the impugned notice is issued. It is also alleged that she has not made any constructions in violation of the status quo orders as referred in the impugned proceedings. On the other hand, it is submitted by the learned Standing Counsel appearing for the 1st respondent-Grampanchayat that the petitioner has purchased a thatched shed, but thereafter, she made illegal constructions without permission from the Grampanchayat, as such, the impugned notice is issued. I have perused the copy of the impugned notice. It refers to an order of this Court in C.M.P.No.269 of 2005 in A.S.No.135 of 2005 and also the news item published in the newspapers. It is clear from the impugned order that it is not preceded by any notice and opportunity to the petitioner. Before recording a ﬁnding that the structures raised by the petitioner are unauthorized, the 1st respondent-Grampanchayat should have issued notice to the petitioner so as to ascertain whether the structures are covered by any permission granted by the Grampanchayat or not, either in favour of the petitioner or the predecessor in title of the petitioner. As this Court is of the view that the impugned order is passed in violation of the principles of natural justice and without giving any opportunity to the petitioner, I deem it appropriate to dispose of the writ petition, directing the 1st respondent- Grampanchayat to treat the impugned proceedings, dated 12.11.2008, issued in Proceedings No.1532/2008, as a show cause notice to the petitioner, and the petitioner is permitted to ﬁle her explanation by enclosing a copy of the sale deed before the 1st respondent- Grampanchayat within a period of six weeks from the date of receipt of this order. If such explanation is ﬁled, the 1st respondent- Grampanchayat shall consider the same and take appropriate steps in accordance with the provisions of the A.P.Panchayat Raj Act, 1994 and the Rules made thereunder. Subject to the above direction, this writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 25th November 2011 ajr