Jyothi Girija vs. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.21024 OF 2022

ORDER:

This petition is filed under Article 226 of the Constitution of India, assailing the action of the 4th respondent in issuing the impugned notice vide RC.No 48/2022/A dated 24.06.022 to the petitioners as illegal arbitrary violation of principles of natural justice and violations of article 14, 21 and 300A of the Constitution of India and contrary to the provisions of Andhra Pradesh Land Encroachment Act 1905 [for short 'the Act'].

2. Heard learned counsel for the petitioners, learned Government Pleader for Revenue appearing for the respondents.

3. Learned counsel for the petitioners submitted that after receipt of the notice under Section 7 of the Act, the petitioners herein have submitted their reply, but the respondents, without considering the same and without passing any orders, are interfering with their possession and attempted to demolish the houses of the petitioners.

4. Learned Assistant Government Pleader appearing for the respondents, on instructions, submitted that the authorities are not attempting to demolish the subject property as of now, if at all, they will follow due process of law.

5. Considering the above submissions, the Writ Petition is disposed of, at the stage of admission, with the consent of both the parties, directing the respondents not to demolish or not to interfere with the possession of the petitioners over the subject property, without passing the orders under Section 6 of the Act. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

______________________ JUSTICE D. RAMESH

Date: 15.07.2022 Pnr

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.21024 OF 2022

Date: 15-07-2022

Pnr