IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.21511 of 2014 BETWEEN G. Naga Srinivasa Rao.
AND ... PETITIONER State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat and two others.
...RESPONDENTS Counsel for the Petitioner: MR. CH. DHANAMJAYA Counsel for the Respondents: GP FOR REVENUE The Court made the following:
ORDER:
Heard.
2. Petitioner claims that he is an absolute owner and possessor of Ac.1.23 cents of land in Sy.No.661/1 of Kamavarapukota village, West Godavari District and that he has been in possession of the aforesaid land since several years and that he inherited the property from his forefathers. Petitioner also states that pattadar pass books and title deeds bearing Patta No.2526 were issued in his favour in 2005. Petitioner alleges that the third respondent issued notice dated 20.06.2014 in Roc.No.C/154/2014 alleging that the petitioner is in unauthorized possession of the said land and is an encroacher and called upon him to submit explanation. Petitioner states that he submitted explanation on 26.07.2014, a copy whereof, is produced along with the material papers. Alleging that even before the said explanation is considered and appropriate orders are passed, petitioner is likely to be dispossessed and hence, approached this Court seeking relief against dispossession.
3. Learned Assistant Government Pleader, who has secured instructions, submits that after notice was given to the petitioner asking him to appear on 01.07.2014, petitioner appeared before the Tahsildar and sought 15 days time for submission of records.
Learned Assistant Government Pleader, however, states that, thereafter, petitioner has neither submitted any explanation nor produced any records. In view of the said land recorded as tank poramboke, the aforesaid notice was given to the petitioner, as he was found to be an encroacher.
4. While the petitioner states that he has given his explanation on 26.07.2014, instructions of the learned Assistant Government Pleader show that no such explanation is received. However, it appears that no final orders are passed with respect to the said show cuase notice dated 20.06.2014 and the petitioner is also unable to produce acknowledgement of receipt of his explanation.
5. In the circumstances, therefore, petitioner is permitted to file a fresh explanation before the Tahsildar within a period of ten (10) days from today and thereafter, the Tahsildar, respondent No.3, shall consider the explanation and then pass appropriate orders in accordance with law. Till the Tahsildar passes appropriate orders, as directed above, petitioner shall not be dispossessed from the land in question.
The writ petition is accordingly disposed of. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 11, 2014 DSK