IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14397 of 2008 Between: 1 S. Riyaz Ahammad, S/o. Sri Vannur Sab Muslim, R/o. Aluru Village & Mandal, Kurnool District. 2 B.T. Gopala Krishna, S/o. Sri Thammappa, R/o. Aluru Village & Mandal, Kurnool District. 3 M. Govindarajulu, S/o. Sri M. Venkatesulu, R/o. Aluru Village & Mandal, Kurnool District. 4 Chatragudi Achamma, W/o. Sri Ramudu, R/o. Aluru Village & Mandal, Kurnool District. 5 S. Mohammad, S/o. Sri Mabu Sab, R/o. Aluru Village & Mandal, Kurnool District. 6 R. Aziz, S/o. Sri Hussain Sab, R/o. Aluru Village & Mandal, Kurnool District. 7 B. Sreenivasulu, S/o. Sri Mareppa, R/o. Aluru Village & Mandal, Kurnool District. 8 M. Pandurangappa, S/o. Sri Seshanna, R/o. Aluru Village & Mandal, Kurnool District. 9 B. Ramesh, S/o. Sri Venkataramudu, R/o. Aluru Village & Mandal, Kurnool District. 10 S. Mohammad, S/o. Sri S. Mabu Sab, R/o. Aluru Village & Mandal, Kurnool District. 11 G.C. Chinna Eranna, S/o. Sri Hanumanthappa, R/o. Aluru Village & Mandal, Kurnool District. 12 K.N. Khadar, S/o. Sri Khaja Hussain, R/o. Aluru Village & Mandal, Kurnool District. 13 M. Nagappa, S/o. Sri Seshanna, R/o. Aluru Village & Mandal, Kurnool District. 14 M. Gopi, S/o. Sri Sreenivasulu, R/o. Aluru Village & Mandal, Kurnool District. 15 M. Anjanaiah, S/o. Sri Yenkanna, R/o. Aluru Village & Mandal, Kurnool District. 16 Poola Gavindu, s/o. Yenkappa, R/o. Aluru Village & Mandal, Kurnool District. 17 M. Eeresu, s/o. Sri Eranna, R/o. Aluru Village & Mandal, Kurnool District. 18 M. Ramakrishna, S/o. Sri Yenkanna, R/o. Aluru Village & Mandal, Kurnool District. 19 M. Uchurappa, S/o. Sri Seshanna, R/o. Aluru Village & Mandal, Kurnool District. 20 M. Soma Sekhar, S/o. Sri Pandurangappa, R/o. Aluru Village & Mandal, Kurnool District. 21 Sreenivasulu, S/o. Sri Mallaiah, R/o. Aluru Village & Mandal, Kurnool District. 22 A.M. Eranna, S/o. Sri Allappa, R/o. Aluru Village & Mandal, Kurnool District. 23 B. Urukundu, S/o. Sri Eranna, R/o. Aluru Village & Mandal, Kurnool District. 24 B. Gundanna, S/o. Sri Vallaiah, R/o. Aluru Village & Mandal, Kurnool District. 25 M. Swamy Rao, S/o. Sri M. Swamy Rao, R/o. Aluru Village & Mandal, Kurnool District. 26 S.M. Anif, s/o. Sri Sharmas Sab, R/o. Aluru Village & Mandal, Kurnool District. 27 Pedda Swamy Rao, S/o. Sri K. Swamy Rao, R/o. Aluru Village & Mandal, Kurnool District. 28 M. Raja Rao, S/o. Sri Subba Rao, R/o. Aluru Village & Mandal, Kurnool District. 29 B. Bhaskar, S/o. Sri Sanjanna, R/o. Aluru Village & Mandal, Kurnool District. 30 S.M. Gani, S/o. Sri Mabu Sabu, R/o. Aluru Village & Mandal, Kurnool District. 31 P. Hussaini S/o. Sri Siddappa R/o. Aluru Village & Mandal, Kurnool District. 32 A.. Govindarajulu S/o. Allepa R/o. Aluru Village & Mandal, Kurnool District. 33 Hanumantha Rayudu S/o. Venkatappa R/o. Aluru Village & Mandal, Kurnool District. 34 Ramadasu S/o. Jakkanna R/o. Aluru Village & Mandal, Kurnool District. 35 M. Damodara S/o. Sri Venkatappa R/o. Aluru Village & Mandal, Kurnool District. 36 P. Rajanna S/o. Sri Siddappa R/o. Aluru Village & Mandal, Kurnool District. 37 M. Vali Rao S/o. Swamy Rao R/o. Aluru Village & Mandal, Kurnool District. 38 M. Subba Rao S/o. Subba Rao R/o. Aluru Village & Mandal, Kurnool District. 39 H. Gajendra Goud S/o. Neelakantappa R/o. Aluru Village & Mandal, Kurnool District. 40 B. Urukundu S/o. Sri Eranna R/o. Aluru Village & Mandal, Kurnool District. 41 Hanumantha Reddy S/o. Eranna Goud R/o. Aluru Village & Mandal, Kurnool District. 42 S. Hanumantha Rao S/o. Mukunda Rao R/o. Aluru Village & Mandal, Kurnool District. 43 S. Hanumantha Rao S/o. Mukunda Rao R/o. Aluru Village & Mandal, Kurnool District. 44 V. Mohan S/o. Chennaiah R/o. Aluru Village & Mandal, Kurnool District. 45 G. Rawoof S/o. Nabi Sabu R/o. Aluru Village & Mandal, Kurnool District. 46 B.N. Venkateswarlu S/o. Narayanappa R/o. Aluru Village & Mandal, Kurnool District. 47 C. Hussain Peera S/o. Himam Sab R/o. Aluru Village & Mandal, Kurnool District. 48 Hira Yuvaraju So. G. Veeraiah R/o. Aluru Village & Mandal, Kurnool District. 49 P. Vali Basha S/o. Mastan Sabu R/o. Aluru Village & Mandal, Kurnool District. 50 Jira Chinna Seenappa S/o. Bheemanna R/o. Aluru Village & Mandal, Kurnool District. 51 B. Mahadevi, W/o. Sri Somasekhar, R/o. Aluru Village & Mandal, Kurnool District. 52 Jira Veeresh, S/o. Sri Ramulaiah, R/o. Aluru Village & Mandal, Kurnool District. 53 Jira Sivappa, S/o. Sri Ramaiah, R/o. Aluru Village & Mandal, Kurnool District. 54 M. Lingappa, S/o. Sri Narayana, R/o. Aluru Village & Mandal, Kurnool District. 55 Kolimi Mangamma, W/o. Sri Govindu, R/o. Aluru Village & Mandal, Kurnool District. 56 Sreenivasulu, S/o. Sri Marepa, R/o. Aluru Village & Mandal, Kurnool District. 57 Peddahothu Govardhan Reddy, S/o. Sri Linga Reddy, R/o. Aluru Village & Mandal, Kurnool District. 58 Raghavachari, S/o. Sri Chillaguntachari, R/o. Aluru Village & Mandal, Kurnool District. 59 Kolimi Narayana, S/o. Sri Govindu, R/o. Aluru Village & Mandal, Kurnool District. 60 Harikrishna, S/o. Sri S. Ramaiah, R/o. Aluru Village & Mandal, Kurnool District. 61 Gundanna, S/o. Sri Vallaiah, R/o. Aluru Village & Mandal, Kurnool District. 62 K.N. Nabi Sabu, S/o. Sri Wahoob Sab, R/o. Aluru Village & Mandal, Kurnool District. 63 B. Naseema, W/o. Sri Wahoob Sab, R/o. Aluru Village & Mandal, Kurnool District. 64 P. Mohaboob Bee, W/o. Sri Mabu Sabu, R/o. Aluru Village & Mandal, Kurnool District. 65 V. Somanna, S/o. Sri Eranna, R/o. Aluru Village & Mandal, Kurnool District. 66 B. Venkanna, S/o. Sri Thimmappa, R/o. Aluru Village & Mandal, Kurnool District. 67 U. Raghavendra, S/o. Sri Raghavendra Rao, R/o. Aluru Village & Mandal, Kurnool District. 68 Harinatha Reddy, S/o. Sri Neelakanta Reddy, R/o. Aluru Village & Mandal, Kurnool District. 69 B. Nagaraju, S/o. Sri Anjanaiah, R/o. Aluru Village & Mandal, Kurnool District. 70 B.T. Gopalakrishna, S/o. Sri Thimmappa, R/o. Aluru Village & Mandal, Kurnool District. 71 H. Raveendra, S/o. Sri Vital Rao, R/o. Aluru Village & Mandal, Kurnool District. 72 B. Vannurappa, S/o. Sri Mareppa, R/o. Aluru Village & Mandal, Kurnool District. 73 K. Gangadhar, S/o. Sri Lakshamanna, R/o. Aluru Village & Mandal, Kurnool District. 74 M. Chandra, S/o. Sri Hanumanthappa, R/o. Aluru Village & Mandal, Kurnool District. 75 B. Yellamma, W/o. Sri Somanna, R/o. Aluru Village & Mandal, Kurnool District. 76 G. Sivanna, S/o. Sri Narasanna, R/o. Aluru Village & Mandal, Kurnool District. 77 M. Seshashaina, S/o. Sri Allappa, R/o. Aluru Village & Mandal, Kurnool District. 78 P. Anwar Basha, S/o. SRi Masthan Sabu, R/o. Aluru Village & Mandal, Kurnool District. 79 Mabu Basha, S/o. Sri Mabu Sabu, R/o. Aluru Village & Mandal, Kurnool District. ..... PETITIONER(S) AND 1 Gram Panchayat Rep by its Panchayat Secretary, Aluru, Kurnool District. 2 The District Collector, Kurnool District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing the notice No. R.K. No. 29/2008 dated 19-6-2008 and it was served only on 30-6-2008 to vacate the premises within 15 days to an extent of Ac. 0.84 cents Sy.No. 746 C at Aluru Village & Mandal, Kurnool District at irrational, arbitrary and consequently set aside the same and allot the respect plots in favour of the petitioners. Counsel for the Petitioners : MR. V.L.SURENDRA Counsel for the Respondents : GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.14397 OF 2008 ORDER : The petitioners herein, 79 in number, have been in possession and enjoyment of small extents of land within the limits of Aluru Gram Panchayat, Kurnool District. It is stated that having constructed small bunks on the said land, they have been carrying on petty business for the past several years. This writ petition is filed aggrieved by the notices issued by the 1st respondent Gram Panchayat calling upon the petitioners to vacate the premises in their possession within 15 days since the same is required for construction of a shopping complex. It is primarily contended by the petitioners that the impugned action of the respondents in seeking to dispossess them without affording any opportunity to make their submissions against the proposed action is arbitrary and illegal. On the other hand, in the counter-affidavit filed on behalf of the 1st respondent, it is stated that pursuant to several representations made by the Gram Panchayat the Government allotted funds to enable the Gram Panchayat to construct a commercial complex which would be useful for all the villagers and since the petitioners herein are all encroachers and in occupation of the land in question unauthorisedly, the impugned notices were issued calling upon to hand over vacant possession and further informing them that after completion of the shopping complex, rooms would be allotted to the eligible persons among them. It is to be noted that under Section 98 of the A.P. Panchayat Raj Act, 1994 (for short, ‘the Act’) which provides for removal of encroachments, it is open to the executive authority to issue a notice requiring the owner or occupier of any building to remove the building and hand over the possession. However, as per sub-section (2) of Section 98 in certain circumstances specified thereunder the Gram Panchayat is bound to compensate the persons in occupation. Sub-section (2) of Section 98 of the Act runs as under : “If the owner or occupier of the building proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give any person a prescriptive title thereto or that it was erected or made with the permission or licence of any local authority duly empowered in that behalf, and that the period, if any, for which the permission or licence is valid has not expired, the gram panchayat shall make reasonable compensation to every person who suffer damages by the removal or alteration of the same.” A reading of sub-section (2) of Section 98 of the Act makes it clear that before taking any steps for removal of the alleged encroachment it is necessary for the Gram Panchayat to give an opportunity to the occupier to submit his explanation against the proposed action. Since admittedly no such opportunity was given to the petitioners herein and the impugned notices were issued straightaway calling upon them to hand over the vacant possession, I find force in the contention of the petitioners that the impugned action is arbitrary and illegal apart from being violative of the principles of natural justice. Accordingly, I deem it appropriate to dispose of the Writ Petition permitting the petitioners to submit their explanations, if any, within a period of two weeks from today treating the impugned notices as show- cause notice. On receipt of such explanation, the 1st respondent shall consider the same and pass appropriate orders in accordance with law. Till such orders are passed, the respondents shall not interfere with the possession of the petitioners in any manner whatsoever. No costs. _______________ G. ROHINI, J. Dt. 11.07.2008 gbs