Gurram Peddababu vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble Ravi Cheemalapati
Listed On:
1 Feb 2024
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Order Text
COURT OF ANDHRA PRADESH
MAIN CASE No.: WRIT PETITION No.2305 OF 2024
PROCEEDING SHEET
| S.<br>No | DATE | ORDER | |
|---|---|---|---|
| 1. | 01.02.2024 | RC,<br>J | |
| W.P No.2305<br>OF 2024 | |||
| Notice before admission. | |||
| Learned Government Pleader for Revenue | |||
| Department<br>takes<br>notice<br>on<br>behalf<br>of<br>the | |||
| respondents and sought time to file counter. | |||
| For counter, post on 29.02.2024 | |||
| ______<br>RC, J | |||
| I.A.<br>No.1<br>OF 2024 | |||
| Heard<br>Sri<br>Rama<br>Chandra<br>Rao<br>Gurram, | |||
| learned counsel for the petitioners. | |||
| Learned<br>counsel<br>for<br>the<br>petitioners,<br>in | |||
| elaboration to what has been stated in the affidavit, | |||
| contended that,<br>though the subject property is not | |||
| an assigned land, invoking Section 3<br>of the Andhra | |||
| Pradesh Assigned Lands (Prohibition of Transfers) | |||
| Act, 1977, the Tahsildar has issued show cause | |||
| notice only to the 1st petitioner asking explanation | |||
| as to why the 1st petitioner should not be<br>evicted | |||
| from the said land. The 1st petitioner submitted<br>his | |||
| explanation stating that the notice is bereft of | |||
| particulars about the assignment<br>and<br>to whom it | |||
| was<br>assigned<br>and<br>requested<br>to<br>give<br>certain |
documents in order to give a detailed explanation and also asked for personal hearing. None of these were considered by the authority and passed resumption order, dated 20.01.2024. He further submitted that, if the order impugned is subsists, the petitioners rights will be affected. As such, prayed to pass appropriate orders protecting the interest of the petitioners, pending writ petition.
Perusal of the notice dated 17.10.2023 issued by the Tahsildar to the 1st petitioner, nowhere states the particulars of the original assignee. The 1st petitioner submitted his explanation dated 02.11.2023 and thereby requested the Tahsildar to supply copies of assignment, DKT Patta etc. In the said explanation, the 1st petitioner reserved his right to file further explanation/reply, if the authority provides the documents and information sought by the petitioners through Right to Information Act and also requested to provide an opportunity of personal hearing, if the authority wants to proceed further.
Perusal of the impugned order, dated 20.01.2024, nowhere shows about providing any opportunity of personal hearing to the 1st petitioner. In view of the above, prima facie a point is made out for consideration in the present Writ Petition, for which a detailed counter is invited for redressal of the grievance of the petitioners. As rightly
| contended by learned counsel for the petitioners, in | |
|---|---|
| the meantime, if the order impugned is allowed to | |
| subsist, it affects the rights of the petitioners. As | |
| such, to meet the ends of justice, this Court<br>is | |
| inclined to pass the following interim order: | |
| There<br>shall<br>be<br>stay<br>of<br>all<br>further | |
| proceedings pursuant to the order passed by | |
| nd<br>the<br>2<br>respondent<br>vide<br>Rc.No.37/2024-B | |
| dated 20.01.2024,<br>pending further orders. | |
| ______ | |
| RC, J<br>MP | |