IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY THE TWENTYSIXTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN HON’BLE SRI JUSTICE S.V. BHATT
WRIT PETITION NO. 4489 OF 2010
Between:
G.Gopal & Ors. … Petitioners V/s.
The Government of Andhra Pradesh Represented by its Principal Secretary, Secretariat, Hyderabad & Ors. … Respondents Counsel for the Petitioners : Sri N. Ravi Prasad Counsel for the Respondents : GP for Revenue The court made the following : [order follows] HON’BLE SRI JUSTICE S.V. BHATT
WRIT PETITION NO. 4489 OF 2010
O R D E R :
The petitioners complain inaction against respondents in disposing of representation dated 3/8/2009 and simultaneously issuing notices under Land Encroachment Act, as illegal and unconstitutional.
2. The petitioners claim to be in possession of small extents of land in survey No. 328 of Vedullanarva village of Sabbavaram Mandal, Visakhapatnam district. A few of the petitioners claim to have land possession certificate and others are requesting for grant of patta/land possession certificate in their favour. The respondents issued notice under section 7 of the Land Encroachment Act to remove encroachment in survey No. 328 of Vedullanarva village.
3. The grievance of the petitioner is that if the representation made by them is considered and favourable orders are passed the respondents cannot treat the petitioners as encroachers of Government land and invoking jurisdiction of Land Encroachment Act would be unwarranted.
4. On the other hand, pending consideration of the representation, if orders for removal of encroachment are passed and petitioners dispossessed the representation becomes ineffective. Hence, the writ petition.
5. This court through orders dated 25/02/2010 protected possession of the petitioners. Respondents filed counter and also a petition to vacate the interim orders dated 25/02/2010.
6. Having regard to limited grievance of the petitioners; namely, inaction in disposing of the representation, I do not propose to consider the stand taken by the respondents in the counter-affidavit, as the same would foreclose taking decision by the respondents. The third respondent is directed to pass orders on the representation dated 03/8/2009 within a period of four weeks from the date of receipt of copy of this order. Till orders are passed and communicated, the interim order granted by this court is directed to be maintained. The petitioners for any reason are aggrieved by the orders of third respondent passes in this behalf, they are at liberty to pursue the legal remedies available in law.
7. The writ petition is disposed of as indicated above. No order as to costs.
8. As a sequel, miscellaneous petitions, if any pending shall stand closed.
JUSTICE S.V. BHATT
26/12/2014
I s L
HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 4489 OF 2010
Circulation No.100 Date:26/12/2014 Court Master: I s L Computer No.43