THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION Nos.20104, 24008 & 27820 of 2009 W.P.No.20104/2009 Between:
1. V. Annapurna Sarada and others.
PETITIONERS AND
1. State of Andhra Pradesh, rep. by its Secretary to Government, Panchayat Raj Department, Secretariat Buildings, Hyderabad, and another.
RESPONDENTS COMMON ORDER:
Since the cause, which compelled the petitioners, in these three writ petitions, and the pleadings and contentions are also same, this Court deems it appropriate to dispose of these writ petitions by way of this common order.
2. Heard Sri K. Suresh Kumar Reddy, learned counsel for the petitioners, learned Government Pleader for Panchayat Raj for the 1st respondent, Smt. Ch. Vedavani, learned counsel for the 2nd respondent- Gram Panchayat and Sri G. Ramachandra Reddy, learned Standing Counsel for the 3rd respondent, apart from perusing the material available on record.
3. The sum and substance of the case of the petitioners in these writ petitions is that the 2nd respondent-Gram Panchayat issued impugned notices dated 4.07.2009 and 25.08.2009, directing the petitioners to remove their houses, which they have constructed after obtaining necessary sanction orders from the Gram Panchayat and that the said notices were issued directly without being preceded by any show cause notice, opportunity and without indicating any reason for resorting to such action.
4. In the counter affidavit filed on behalf of the 2nd respondent- Gram Panchayat, the said averment, touching non-issuance of show cause notices, is not denied and the counter of the Gram Panchayat is absolutely silent on this aspect.
5. It is a settled and well established proposition of law that any action, which has civil consequences shall necessarily be preceded by a notice and opportunity of being heard to the persons likely to be affected, otherwise, the said action is liable to be invalidated as being violative of the principles of natural justice.
6. In the instant case also there is no material to show that any such show cause notices were issued to the petitioners prior to the impugned notices of removal of structures. The counter of the 2nd respondent-Gram Panchayat seeks to justify the impugned action on the ground that the Gram Panchayat issued the impugned notices pursuant to the proceedings of the 3rd respondent dated 12.12.2008. The said reason cannot be accepted as the impugned action is in clear violation of the principles of natural justice. On this ground alone the impugned notices issued by the 2nd respondent-Gram Panchayat are liable to be invalidated.
6. For the aforesaid reasons, these writ petitions are allowed, setting aside the impugned notices dated 4.07.2009 and 25.08.2009 issued by the 2nd respondent-Gram Panchayat. However, it is made clear that this order will not preclude the respondents to proceed in accordance with law, after giving show cause notices and opportunity of being heard to the petitioners herein. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
18th November, 2014 Js.