THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.28987 of 2014 Dated 25th September, 2014 Between :
Kurru Durga Rao … Petitioner a n d The Govt. of Andhra Pradesh & others … Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.28987 of 2014 ORDER :
Heard.
In this writ petition, petitioner questions the notice dated 18.08.2014 issued by the Special Deputy Collector by which he was intending to examine the complaint filed before him by one Kurru Ganganna S/o.Somaiah alleging illegal possession of land admeasuring Acs.4.13 cents in R.S.No.487 situated at Reddy Ganapavaram Village, Jangareddygudem Mandal, West Godavari District. Petitioner challenges the impugned notice on the ground that during the life time of his father similar enquiry was conducted by the Special Deputy Collector in SR No.69/79 wherein vide order dated 29.08.1979 it was found that the petitioner’s father has not violated the provisions of A.P. Scheduled Area Land Transfer Regulations and thereby the claim of the then Special Deputy Collector, Tribal Welfare, Kota Rama Chandrapuram Village, was disallowed. Petitioner states that the said order has become final and after his father’s death, the petitioner has succeeded to the property.
I am not inclined to interfere with the notice and enquiry proposed by the 3rd respondent inasmuch as the 3rd respondent has the jurisdiction to enquire into the matter to decide as to whether there is any violation as alleged by the complainant. However, it is open for the petitioner to file his explanation and bring all his defences to the notice of the 3rd respondent, who can consider the same and pass a detailed reasoned order either dropping the proceedings or any other order as the facts of the case warrant.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
VILAS V.AFZULPURKAR 25th September, 2014.
sur