ORDER : This writ petition is filed under Article 226 of the Constitution of India, to declare the action of the respondents in issuing the impugned notice dated 10.03.2022 for demolition of the third and fourth floors of the building of the petitioners without issuing show cause notice and without following due procedure as arbitrary, illegal and contrary to the provisions of The Andhra Pradesh Panchayat Raj Act, 1994. 2. The brief facts of the case in nut-shell are that, petitioners are the owners of land admeasuring 418.5 s.yds each in R.S.No. 576 & 577 and land admeasuring 290.5 sq.yds each in R.S.No.575/2 & 575/3 in Nallajerla Gram Panchayat, West Godavari District. The petitioners obtained permission from the Gram Panchayat for construction of G+2 floors, but, constructed a building consisting of G+4 floors. 3. The unofficial respondent i.e. Respondent No.5 filed a complaint before the Gram Panchayat complaining about the unauthorized constructions/ deviations from the approved plan of the petitioners. The Gram Panchayat issued notice to the petitioners dated 20.05.2021, asking them to stop the constructions. Respondent No.5 also marked a copy to the District Panchayat Officer, who in-turn forwarded the same to the Divisional Panchayat Officer to make enquiry and for submitting report and basing on the said report of Divisional Panchayat Officer dated 06.01.2022, the District Panchayat Officer, West Godavari, Eluru, issued proceedings dated 04.03.2022, came to a conclusion that the petitioners obtained permission for G+2 floors, but constructed G+4 floors, thus unauthorizedly constructed third and fourth floors, thereby found the petitioners guilty for contravening the Rules and imposed penalty of Rs.2,000/- and daily fine of Rs.10/- from the date of construction of unauthorized third and fourth floors. The Extension Officer (PR&RD), Nallajerla was also directed to take action for demolition of the unauthorized constructions made by the petitioner. The Panchayat Secretary, Nallajarla issued Notice dated 10.03.2022 for implementation of the orders of the District Panchayat Officer dated 04.03.2022, threatening to demolish the unauthorized/illegal structures. Aggrieved by the notice dated 10.03.2022, the present writ petition is filed. 4. During hearing, Sri Ghanta Sridhar, learned counsel for the petitioners would submit that, the impugned Notice dated 10.03.2022 issued by Respondent No.4 – Gram Panchayat is not preceded by any show-cause notice, which is mandatory as per the provisions of Panchayat Raj Act, as well as the principles of natural justice. 4. During hearing, Sri Ghanta Sridhar, learned counsel for the petitioners would submit that, the impugned Notice dated 10.03.2022 issued by Respondent No.4 – Gram Panchayat is not preceded by any show-cause notice, which is mandatory as per the provisions of Panchayat Raj Act, as well as the principles of natural justice. Without following such procedure, Respondent No.4 unilaterally and highhandedly issued the impugned notice directing the petitioners to get removed the unauthorized constructions. Learned counsel further submits that the said impugned notice dated 11.03.2022 was issued pursuant to the proceedings of the District Panchayat Officer dated 04.03.2022 and the said proceedings dated 04.03.2022 came to be passed pursuant to the enquiry ordered by him and conducted by Divisional Panchayat Officer. It is contended that, even in the said enquiry, no notice was issued to the petitioners and the enquiry was conducted behind the back of the petitioners, as such, the enquiry report said to have been submitted by the Divisional Panchayat Officer is not sustainable on the ground of not observing the principles of natural justice. Hence, the present writ petition is liable to be allowed. 5. Sri I. Koti Reddy, learned Standing Counsel appearing for Respondent No.4 - Nallajerla Gram Panchayat, filed counter affidavit, as well as vacate stay petition, wherein, it is stated that, the petitioners made an application dated 02.12.2018 for grant of building permission consisting of for G+2 floors. But, contrary to the sanctioned plan, the petitioners proceeded further and constructed the building consisting of G+4 floors. Therefore, the petitioners got constructed the third and fourth floors unauthorizedly, contrary to the sanctioned plan. Since the petitioners got constructed third and fourth floors unauthorizedly, which are contrary to the sanctioned plan, they are liable to be demolished. Further, the Gram Panchayat issued Notice on 10.03.2022 for demolition of the same, which is in accordance with law. Therefore, learned Standing Counsel prayed for dismissal of the writ petition. 6. Sri B. Chandrasekhar, learned counsel appearing for the unofficial respondent i.e Respondent No.5 filed counter affidavit, as well as vacate stay petition. Further, the Gram Panchayat issued Notice on 10.03.2022 for demolition of the same, which is in accordance with law. Therefore, learned Standing Counsel prayed for dismissal of the writ petition. 6. Sri B. Chandrasekhar, learned counsel appearing for the unofficial respondent i.e Respondent No.5 filed counter affidavit, as well as vacate stay petition. Respondent No.5 is the neighbour of the subject illegal constructions made by the petitioners and he submitted representation to the Gram Panchayat on 13.05.2021 and Director, Town and Country Planning, as well as to the District Panchayat Officer, West Godavari, bringing to their notice about the illegal constructions made by the petitioners herein and sought for demolition of the unauthorized constructions made by them. He further contended that, pursuant to his complaint made by Respondent No.5, the Divisional Panchayat Officer conducted enquiry and submitted report on 06.01.2022, as directed by the District Panchayat Officer, and in-turn the District Panchayat Officer issued proceedings dated 04.03.2022 directing the Extension Officer, Nallajerla to take further immediate action for demolition of the unauthorized third and fourth floors constructed by the petitioners herein. Pursuant to the proceedings dated 04.03.2022, the Panchayat Secretary, Nallajerla Gram Panchayat issued impugned notice dated 10.03.2022 granting fifteen days time to the petitioners to pay fine and penalty; and also directed to get demolished the unauthorizedly constructed third and fourth floors. 7. Learned counsel appearing for the unofficial respondent further contended that, the contention of the petitioners that the impugned notice dated 10.03.2022 is not preceded by any show cause notice is not correct, for the reason that, the petitioners submitted an explanation to the impugned notice on 10.03.2022 itself. Therefore, having submitted explanation to the present impugned notice, the petitioners cannot canvass for non-observation of principles of natural justice, as such, the present writ petition is liable to be dismissed. 8. On the other hand, Respondent No.5 – unofficial respondent also filed reply to the counter affidavit filed by the Gram Panchayat, wherein, in the reply, Respondent No.5 categorically stated that the petitioners have submitted explanation to the earlier notice dated 20.05.2021 issued by the Panchayat Secretary under which the petitioners were directed to stop further construction of the building, for the reason that the petitioners are constructing the building consisting of G+4 floors contrary to the sanction plan of G+2 floors. But, without considering the notice dated 20.05.2021, the petitioners constructed unauthorized constructions of third and fourth floors, circumventing the law. Hence, prayed for dismissal of the writ petition. 9. Learned counsel for the petitioner submitted that, after receipt of such explanation, no orders were passed by Respondent No.4 – Gram Panchayat considering the explanation submitted by the writ petitioners. But, again issued impugned notice dated 10.03.2022 without issuing any show cause notice, directing the petitioners to get demolished the unauthorized constructions of third and fourth floors and requested to grant the relief as prayed above. 10. Heard learned counsel for the petitioners, learned Standing Counsel for Nallajerla Gram Panchayat and learned counsel for the unofficial respondent. 11. It is an admitted fact that, the petitioners got constructed building consisting of third and fourth floors, contrary to the plan sanctioned by the Gram Panchayat, as contended by the respondents herein. It is also an admitted fact that, at any point of time, more so, while conducting enquiry by the Divisional Panchayat Officer, pursuant to the directions of the District Panchayat Officer, the petitioners were not issued any notice to attend to such an enquiry to put-forth their defence. The report dated 06.01.2022 was submitted by the Divisional Panchayat Officer without following due process of law, as contemplated for conducting free and fair enquiry under the provisions of The Enquiries Act. It is also an admitted fact that the present impugned notice is also not preceded by any show-cause notice, which is in violation of principles of natural justice, as contended by the learned counsel for the petitioners. Therefore, in view of non-observation of principles of natural justice, the impugned notice dated 10.03.2022 is liable to be set-aside. 12. In the result, writ petition is allowed, declaring the action of the fourth respondent in issuing the impugned notice dated 10.03.2022 as illegal and arbitrary; set-aside the notice dated 10.03.2022. It is made clear that this order will not preclude the official respondents – authorities to proceed further pursuant to the violation of sanctioned plan, by observing principles of natural justice and in accordance with law. No costs. 13. Consequently, miscellaneous applications pending if any, shall stand closed.