Constitution of India — Article 226 — Writ of Mandamus
Writ jurisdiction is maintainable to challenge demolition or eviction proceedings initiated by local authorities when such action is taken in violation of principles of natural justice.
(Paras 1, 6–8)
Natural Justice — Audi alteram partem
Any order directing removal of alleged encroachment or demolition of a dwelling, without issuing a prior show-cause notice and without affording an opportunity of hearing, is violative of the audi alteram partem rule and stands vitiated.
(Paras 6–7)
Gram Panchayat — Encroachment proceedings
Proceedings issued by a Gram Panchayat directing removal of alleged encroachment must disclose issuance of a prior notice and compliance with due process; absence thereof renders the proceedings illegal and unsustainable.
(Paras 6–7)
Show-cause notice — Mandatory requirement
Notice is the first limb of the principles of natural justice; it must be precise, unambiguous, and must afford adequate time to respond. Orders passed in the absence of such notice are void.
(Para 6)
Demolition of residential house — Due process
Demolition of a residential house without enquiry or prior notice infringes constitutional protections under Articles 14 and 21 and cannot be sustained in law.
(Paras 1, 6–7)
Liberty to proceed afresh
While setting aside illegal proceedings, authorities are not precluded from initiating fresh action strictly in accordance with law and after following due process.
(Para 8)
ANALYSIS
The writ petition challenged proceedings dated 05.01.2026 issued by the Panchayat Secretary directing removal of alleged encroachment and under which coercive demolition was effected in respect of the petitioner’s residential house (Para 1).
The petitioner asserted ownership over the subject property under a gift settlement deed and contended that the Panchayat acted without issuing any show-cause notice or conducting enquiry, thereby violating settled principles of natural justice (Para 3).
The Court, upon perusal of the impugned proceedings, found that the notice merely directed removal of encroachment and did not disclose issuance of any prior show-cause notice, nor grant any opportunity of being heard (Para 6).
The learned Judge reiterated that audi alteram partem is the foundational principle of administrative fairness. Notice is its first and indispensable limb, which must clearly inform the affected party of the case against him and provide adequate opportunity to respond (Para 6).
The Court categorically held that absence of notice and hearing vitiates the entire action, rendering the order unsustainable both on facts and law, even without requiring a counter affidavit (Paras 6–7).
Consequently, the impugned proceedings were set aside. However, the Court expressly preserved the liberty of the authorities to initiate fresh proceedings in accordance with law, following due process (Para 8).
RATIO DECIDENDI
Any demolition or eviction proceedings initiated by a Gram Panchayat without issuing a prior show-cause notice and without affording an opportunity of hearing violate the audi alteram partem rule and are liable to be set aside. Compliance with principles of natural justice is mandatory, and absence thereof vitiates the action irrespective of the merits of the allegation of encroachment.
