IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29161 of 2014 BETWEEN Smt.Dupam Bhudevi AND ... PETITIONER The Government of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Notice, dated 12.09.2014, was issued by the Tahsildar calling upon the petitioner to appear and show cause stating that he has illegally occupied the Government land of 300 sq.yds., in Survey No.1810 of Kosgi Village. A further notice was issued by the Panchayat Secretary, Gram Panchayat, dated 13.08.2014, calling upon the petitioner to submit explanation and documents in support of his case stating that petitioner has constructed shed illegally. Both the said notices are, therefore, questioned in this writ petition by the petitioner inter alia on the ground that he is residing in the said premises at the land admeasuring Ac.2-20 guntas in the said survey number belonging to him since 1950 and that a civil suit viz., O.S.No.59 of 1999 filed by third parties is also pending before the Senior Civil Judge, Narayanapet. Reliance is also placed upon the earlier endorsement of the Mandal Revenue Officer dated 04.08.2003 in reference No.A/1776/2003. Request of the petitioner for grant of patta was kept pending by the Tahsildar awaiting adjudication in O.S.No.59 of 1999 referred to above.
3. Since both the impugned notices called upon the petitioner to submit explanation, I am not inclined to interfere with the said notices in this writ petition. Petitioner is, therefore, at liberty to file his explanation to the respective notices along with the documents, which he proposes to rely upon. The impugned notice given by the Tahsildar is, however, referable to only notice issued under Section 7 of the A.P. Land Encroachment Act. Hence, the Tahsildar shall examine the petitioner’s explanation and document in terms of Section 7 and then take appropriate decision by a reasoned order. Similarly, the Panchayat Secretary, Gram Panchayat, who has given the impugned notice, dated 13.08.2014, shall also consider petitioner’s explanation independently and pass a reasoned order. Till appropriate decision is taken by respondent Nos.2 and 3 respectively, as above, petitioner’s possession with respect to the land aforesaid shall not be interfered with.
Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 25, 2014 LMV