Municipal Corporation Act — Encroachment notices — Sections 405 & 406: Notices issued under Sections 405 and 406 of the Andhra Pradesh Municipal Corporation Act, 1955, calling upon alleged encroachers to remove unauthorized constructions within seven days, cannot be sustained where the authorities have not first followed the required procedure of issuing a proper show-cause notice. [Para 1, 4–6]

advocatemmmohan

Headnotes — Kongi Chinnaiah & Ors. v. State of Andhra Pradesh & Ors.

W.P. No.24200 of 2026 — Harinath N., J. — 24.08.2026
2026:APHC:34870

1. Municipal Corporation Act — Encroachment notices — Sections 405 & 406:
   Notices issued under Sections 405 and 406 of the Andhra Pradesh Municipal Corporation Act, 1955, calling upon alleged encroachers to remove unauthorized constructions within seven days, cannot be sustained where the authorities have not first followed the required procedure of issuing a proper show-cause notice. [Para 1, 4–6]
2. Natural justice — Prior show-cause notice mandatory:
   Where the authorities propose action against alleged unauthorized occupants/encroachers, the affected persons must first be called upon to submit their explanation and produce relevant title/possession documents, before any adverse action is taken. [Paras 4–6]
3. Encroachment proceedings — Opportunity to produce documents:
   Affected occupants must be given an opportunity to place before the authorities documents supporting their claim concerning possession and enjoyment of the property. A notice directly requiring removal of the structure, without first calling for such documents, does not satisfy this requirement. [Paras 4–5]
4. Encroachment notice — Cannot be treated as show-cause notice:
   A notice requiring removal of an alleged unauthorized construction cannot be retrospectively treated as a show-cause notice merely because the occupants could have submitted documents in response to it. The notice must itself afford an opportunity to explain the claim and produce supporting documents. [Para 4]
5. Previous judicial directions — Binding procedure:
   Where, in an earlier round of litigation, the High Court had directed the municipal authority to issue a fresh show-cause notice, call for relevant documents and thereafter pass appropriate orders after due notice and hearing, the authorities were required to comply with that procedure before taking further action. [Para 3]
6. Personal hearing — Required before adverse action:
   The authorities were required to afford the petitioners an opportunity of personal hearing before proceeding against them as alleged unauthorized occupants/encroachers. [Para 6]
7. Natural justice — Violation vitiates subsequent action:
   Any action taken by the respondents without issuing show-cause notices and affording an opportunity of hearing would be contrary to the principles of natural justice and the directions of the High Court. [Para 6]
8. Encroachment — Authorities' claim regarding documents does not cure procedural defect:
   The respondents contended that plot owners in the layout had produced documents whereas persons occupying the canal-side area had not produced patta certificates. The Court nevertheless held that the petitioners themselves had not been issued show-cause notices calling upon them to produce documents, and therefore the procedural defect remained. [Paras 4–5]
9. Long possession — Allegation of residence for 50 years:
   The petitioners asserted that they had been residing in the subject property for more than 50 years after constructing residential houses thereon. The Court did not finally adjudicate their title or possession; instead, it directed that their claims and documents be considered through the prescribed show-cause and hearing process. [Para 2]

Core Ratio

Before taking coercive action against alleged unauthorized occupants or encroachers under Sections 405 and 406 of the Andhra Pradesh Municipal Corporation Act, the municipal authorities must issue a proper show-cause notice calling upon the affected persons to submit their explanation and produce the relevant documents concerning their possession or title, and must afford them an opportunity of hearing. A direct encroachment/removal notice cannot be treated as a substitute for such show-cause notice. Action taken without following this procedure violates the principles of natural justice and the binding directions of the High Court. [Paras 4–6]

Final Order

• W.P.No.24200 of 2026 — Disposed of.
• The impugned Encroachment Notices dated 17.08.2026 — Set aside.
• The respondents were left at liberty to proceed in accordance with the directions of the Division Bench in W.P.(PIL) No.140 of 2022 and batch.
• Respondents must issue show-cause notices to the petitioners and afford them an opportunity of hearing before taking further action.
• Any action without following that procedure would be contrary to natural justice and the Court's directions.
• No order as to costs.
• Pending miscellaneous petitions, if any, stood closed. [Paras 6–7]