Challa Durga, W/o Challa Srinivas v. State of Andhra Pradesh
2025-08-22
VENKATESWARLU NIMMAGADDA
body2025
DigiLaw.ai
ORDER : VENKATESWARLU NIMMAGADDA, J. Heard learned counsel for the petitioners, learned Standing Counsel for Respondent No.3 – Gram Panchayat and learned Government Pleader for Respondent Nos.1 and 2 and perused the material placed on record. 2. Learned counsel for the petitioners submits that the petitioners herein are the residents of 3 rd Respondent – Gram Panchayat and they got constructed houses and living at their respective houses since 70 years. While so, on 30.05.2025 Respondent No.3 – Gram Panchayat issued notices alleging that the petitioners have encroached the Tank Poramboke of Subbaraju Drinking Water Tank and got constructed their respective ACC roof houses and letting out waste water as well as drainage into the drinking water tank and causing health hazards to the entire public of panchayat. It is further alleged that the encroachments made by the petitioners are against the objectionable lands which cannot be encroached or occupied by the petitioners without observing natural justice. As such, the said notices were assailed by the petitioners in W.P.No.14247 of 2025 on the ground that without observing principles of natural justice, respondents directed the petitioners to evict the subject houses without there being any prior notice. While considering the contentions of the petitioners this Hon’ble Court was pleased to pass the following order: “On perusal of the material available on record, which would reveal that the Notices dated 30.05.2025 were issued as per the directions of this Court in W.P.No.3428 of 2022 dated 28.09.2022. The petitioners instead of submitting their respective explanations/objections to the said notices, have invoked the powers of this Court under Article 226 of the Constitution of India. It is well settled that a writ court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a notice to show cause, unless it is without jurisdiction. In the instant matter, it is not the case of the petitioners that the show-cause notice suffers from any jurisdictional error. 6. Having regard to the submissions made by both the counsel and taking into consideration the facts and circumstances involved in the lis, this Court, without going into the merits of the case, deems it appropriate to dispose of the same, with a direction to the petitioners to submit their respective explanations/objections to the Notices dated 30.05.2025, within a period of four (4) weeks, from the date of receipt of a copy of this Order.
Thereupon, the 3 rd respondent is directed to pass speaking orders by considering the said explanations/objections of the petitioners” 3. In view of the orders of this Court and in compliance of the same, the petitioners herein submitted their explanation dated 09.07.2025 substantiating their claim and also claiming their longstanding possession over the subject property. 4. While things stood thus, without considering the explanation as directed by this Court and without passing speaking orders, again the 3 rd respondent issued impugned notices dated 12.08.2025 directing the petitioners to vacate from their respective houses within a period of 15 days, otherwise respondent – Gram Panchayat will initiate eviction proceedings. 5. Learned counsel for the petitioners submits that the impugned notices dated 12.08.2025 are contrary to law and arbitrary in view of violation of the orders of this Court dated 12.06.2025 and further submitted that even though this notice named as show-cause notice but it is nothing but an order of eviction, which cannot be issued without prior notice. As such, the impugned notices are liable to be set aside. 6. On the other hand, learned Standing Counsel for 3 rd Respondent submits that in view of orders of this Court dated 12.06.2025, the 3 rd Respondent shall consider the explanation of the petitioners and pass speaking orders to initiate any further steps, particularly for eviction of the petitioners. Therefore, he further submits that let there be a direction to the Gram Panchayat to consider the explanation and pass appropriate orders in accordance with law. 7. Considering the submission of learned counsel for the petitioners, learned Standing Counsel for the Respondent No.2 and learned Government Pleader for Respondent Nos.1 and 2 and material placed on record, in fact this Hon’ble Court on 12.06.2025 while disposing of the W.P.No.14247/2025 specifically directed the 3 rd respondent herein treating the eviction notice dated 30.05.2025 as show cause notice and directed the petitioners to submit explanation and after receipt of the said explanation the 3 rd respondent specifically directed to pass speaking orders in accordance with law before proceeding to further action.
In deviation of the said directions of this Court, even after receipt of the explanation submitted by the petitioners, without considering the same and without determining the rights of the petitioners and passing speaking orders again issuing show cause notice dated 12.08.2025 directing the petitioner to evict from their respective houses within 15 days is certainly an action of arbitrary, illegal and also deviation and disobedience of the orders of this Court. It is settled proposition of law that if any authority suffered an order by this Court, the authority shall follow the terms of the order without there being verification what-so-ever and without any deviation. But in the instant case, the 3 rd respondent, being an authority has issued impugned notice in violation and deviation of this Court’s order, which amounts is a clear act of disobedience. In view of the same, the impugned notices dated 12.08.2025 lacks any merit and hence the impugned notices are liable to be set aside. 8. Accordingly, the writ petition is allowed setting aside the notices dated 12.08.2025 issued by the 3 rd respondent. However, it is needless to observe that the 3 rd respondent is at liberty to proceed further as per the directions of this Hon’ble Court in W.P.No.14247/2025 and also in W.P.No.3428 0f 2022 as mentioned in the impugned notice by observing the principles of natural justice and observing Section 98 of A.P. Panchayat Raj Act, 1994 and the Rules made thereunder, and in terms of G.O.Ms.No.188, Panchayat Raj and Rural Development (PTO.IV) Department, dated 21.07.2011 as early as possible. 9. Learned Standing Counsel is directed to inform the orders of this Court to the respondents herein. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.