IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.21169 of 2014 BETWEEN Dadi Venkata Appa Rao.
AND ... PETITIONER Government of Andhra Pradesh, Rep. by its Principal Secretary, district Collector, Visakhapatnam and another.
...RESPONDENTS Counsel for the Petitioner: MR. Y. SUDHAKAR Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following:
ORDER:
Heard.
2. Petitioner has questioned the notice under Section 7 of the A.P. Land Encroachment Act issued to him by the second respondent under the impugned order dated 21.07.2014 wherein it is alleged that Sy.No.340 in Amburupuram Village, Visakhapatnam District is an R & B Road where petitioner is stated to have encroached on an extent of 32 x 37 sq. feet and raised AC sheet sheds. Petitioner has questioned the said notice on the ground that the said road vests in the Gram Panchayat and second respondent has no jurisdiction.
3. Prima facie, the notice states that the said road is part of Government land and if the petitioner seeks to contest the said claim, it is open for the petitioner to file an explanation to the show cause notice and raise all available contentions in the said explanation.
If a detailed explanation is filed by the petitioner, the second respondent shall consider the same and then pass appropriate orders in accordance with law. Till appropriate orders are passed, as directed above, petitioner shall not be evicted.
The writ petition is disposed of. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J July 28, 2014 DSK