Shaik Parveen vs. The State Of Ap
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Subba Reddy Satti
Listed On:
15 Feb 2024
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.9866 of 2020
Shaik Parveen, W/o Subba Reddy, aged about 57 years, Occ: Coolie, R/o D.No.1-67 (New D.No.1-84), Madhavarampalle Village, Valmikipuram Mandal, Chittoor District.
… Petitioners
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary (Home) Department, Secretariat Buildings, Velagapudi, Guntur District and three others.
… Respondents
| Counsel for the petitioner | :<br>Sri Nagaraju Naguru |
|---|---|
| Counsel for respondents | :<br>GP for Home and Sri G. Venkat<br>Reddy, standing counsel |
ORDER
Challenging the notice issued by respondent No.4 vide RCC No. Notice/1/2020 dated 13.05.2020, directing the petitioner to remove illegal constructions, the above writ petition is filed.
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The grievance of the petitioner is that the Panchayat Secretary of respondent No.4 issued notice dated 13.05.2020 pointing out violations said to have been made by the petitioner by encroaching poramboke land, for which petitioner submitted explanation on 19.05.2020. However, without considering the petitioner's explanation, the authorities are proceeding further. Hence, above writ petition.
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Heard Sri Nagaraju Naguru, learned counsel for the petitioner and Smt. Hari Priya, learned counsel representing Sri G. Venkata Reddy, learned standing counsel for respondent No.4.
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This Court, by order dated 11.06.2020, directed respondent Nos.3 and 4 not to demolish the toilet attached to petitioner's house as mentioned in the notice impugned.
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The interim order granted on 11.06.2020 is subsisting as on today. The explanation dated 19.05.2020 submitted by the petitioner is pending consideration. In view of the same, without going into other disputed questions of fact, this writ petition is disposed of directing the Secretary of respondent No.4 to consider the petitioner's explanation objectively and pass a reasoned order after providing opportunity of hearing to the petitioner.
Till then respondents shall not take any coercive steps in respect of the subject structures/constructions. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.
________________________________ JUSTICE SUBBA REDDY SATTI
Date : 15.02.2024 ikn
120
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
Disposed of
WRIT PETITION No.9866 of 2020
Date : 15.02.2024 ikn