THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 28563 OF 2014 Date of Judgment: 22.9.2014 Between:
Kurava Sankaramma and another …Petitioners And The District Collector, Mahaboobnagar and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 28563 OF 2014 ORDER:
Heard learned counsel for the parties.
The petitioners had earlier approached this Court by filing W.P.no. 26402 of 2013 aggrieved by the notice dated 2.9.2013 issued by the Roads and Buildings Department threatening to demolish their tea stalls. This Court passed the following interim order on 10.9.2014, “………. While a notice was issued, asking the petitioners to vacate within seven days, the petitioners were not asked to show cause prior thereto. There shall, therefore, be interim stay of demolition. It is made clear that this order shall not preclude the respondents from putting the petitioners on notice, giving them an opportunity of being heard and, thereafter, taking action in accordance with law. The petitioners shall also not make any further construction or create any third party rights.”
Thereafter, the respondent No.3 issued a notice dated 18.9.2014 under Section 7 of the A.P. Land Encroachment Act, 1905 to the petitioners calling upon them to vacate the said land by 22.9.2014.
Section 7 of the aforesaid Act requires the authorities to give opportunity to the petitioners to submit their explanation and then only an order can be passed under Section 6 of the Act. Therefore, the order to the extent of directing the petitioners to vacate the land by 22.9.2014 shall remain stayed. The petitioners shall, however, submit their explanation to the said notice and the third respondent shall consider the same and pass an appropriate reasoned order either dropping the proceedings or by issuing further directions in terms of Section 6 of the aforesaid Act in the circumstances of the case.
With the above directions, the writ petition is disposed of. Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 22.9.2014 NB:
CC of order be furnished by today.
/BO/ KR