HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR Between:
WRIT PETITION No.17437 of 2014 Dated: 26.08.2014 Samantula Veera Reddy and others .. Petitioners.
And State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, and others. .. Respondents.
THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.17437 of 2014 ORDER:
The petitioners, five in number, have approached this Court by filing the present writ petition, alleging that the 4th respondent is attempting to evict them from their respective houses, which are located in Sy.No.246/3 of Muppavaram Village, J.Ponguluru Mandal, Prakasam District. It is admitted that the said survey number abuts NH-5. The petitioners claim that they are in possession of their respective houses for over 30 to 40 years and that earlier most of the land was acquired from the possession of the petitioners for the purpose of National Highway. It is stated that the Government also paid compensation for the said acquisition. It is also alleged that the Panchayat Secretary has issued certificates showing the possession of the petitioners. Hence, the petitioners contend that if the 4th respondent seeks to take any action against them, he is required to follow due process of law.
Learned Government Pleader for Revenue, who has received instructions, states that one A.Venkatramaiah, Kondamur Village, made a complaint against the Revenue authorities that they are not taking steps to evict the encroachers from Sy.No.245/3 and 246/3 and the said complaint was enquired into by the Lokayuktha, wherein a report was filed on behalf of the Revenue authorities that appropriate steps will be taken for removal of encroachments by initiating proceedings under the Land Encroachment Act (for short ‘the Act’). It is further stated that a notice under Section 7 of the Act was issued against the petitioners calling upon them to show cause as to why they should not be evicted from the land. However, without filing any explanation, the petitioners have approached this Court by the present writ petition.
The petitioners, however, state that they have not been served with any notice and, in fact, the relief sought for by them is to follow due process of law. The instructions of the learned Government Pleader referred to above also do not indicate the date on which such a notice was issued nor a copy thereof is produced. It is also not known whether the notices were issued to the petitioners herein and to all other encroachers.
In the circumstances, the Writ Petition is disposed of directing the 4th respondent to issue notice to the petitioners, if any action is proposed to be taken against them and other encroachers, by giving time to them to file explanation, and thereafter consider the explanation, if any submitted, and pass appropriate orders thereon in accordance with law. There shall be no order as to costs.
The miscellaneous petitions, if any, pending shall stand closed.
VILAS V.AFZULPURKAR, J 26.08.2014 v v