C Lakshmi Reddy vs. The Tahsildar

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO.25227 of 2023

Between:-

ORDER:

Heard Mr. Vedula Venkata Ramana, Learned Senior Counsel for the petitioners. Also heard the Learned Assistant Government Pleader for Revenue representing the respondent Nos.1 & 2 and the Learned Standing Counsel representing the 3rd respondent-Corporation.

2. The present Writ Petition is filed inter alia seeking to declare the action of the respondent Nos.1 and 3 in resorting to initiate action of demolition of the subject matter properties on the premise that construction of the building was made on "Panta Kaluva" situated in Sy.Nos.762/1 & 760/5 of Kadapa Town, without passing final orders on the show cause notices, as arbitrary, illegal etc., and for consequential directions.

3. The Learned Senior Counsel for the petitioner inter alia submits that pursuant to the notice issued by the 3rd respondent under Section 7 of the A.P. Land Encroachment Act, 1905 dated 29.8.2023 the petitioner submitted his explanations dated 4.9.2023 and 11.9.2023. In the meanwhile, another show cause notice was issued on 14.9.2023 by the 3rd respondent in respect of the very same subject matter property. Be that as it may. The Learned Senior Counsel submits that even before the explanation of the petitioner is considered and appropriate orders are passed thereon, steps are being taken to dispossess/demolish the structures in respect of the subject matter property, in a highhanded manner and therefore the petitioner is constrained to file the present Writ Petition. The Learned Senior Counsel also submits that if the respondents resort to any coercive action without passing orders on the petitioner"s explanation, the petitioner"s valuable rights would be seriously affected.

4. The Learned Standing Counsel, on the other hand, on the basis of the written instructions submitted that the 3rd respondent is not taking any coercive action as alleged by the petitioner in the Writ Petition. In the instructions, it is also stated that the respondents would follow the due process of Law.

2

5. The Learned Assistant Government Pleader for Revenue, who made his submissions on the basis of the written instructions dated 27.9.2023 received from the 1st respondent submits that the petitioner without any cause of action approached this Court. Be that as it may. As seen from the written instructions dated 27.9.2023, which are placed for perusal of this Court, it would appear that the matter is under examination by the 1st respondent and no order has been passed so far. Further, the relevant portion of the instructions reads as follows:-

"In view of the above it is submitted that the petitioner was clearly given opportunity by issuing notices under Section 7 of Land Encroachment Act vide this office Ref.No.B1/1214/2023 Dt.29.08.2023 and further necessary action will be taken by following due process of law under Land Encroachment Act."

6. In the light of the above stated position, the Writ Petition is disposed of, with a direction to the respondents not to take any coercive action in respect of the subject matter property, without passing any orders by considering the petitioner"s objections/explanation to the notice dated 29.8.2023 or serving the same on the petitioners. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.

___________________________ JUSTICE NINALA JAYASURYA

Date: 10.10.2023

3

IS

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO.25227 of 2023

Date: 10.10.2023