THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 22380 OF 2014 Date of Judgment: 6.8.2014 Between:
Sunchu Devadas and another And The Government of A.P. and others …Petitioners ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. No. 22380 of 2014 ORDER:
Heard learned counsel for the parties.
The petitioners question Form No – II notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 dated 30.7.2014, which is stated to have been served on the petitioners on 4.8.2014. The said notice is questioned primarily on the ground that prior to the said notice, the third respondent-Tahsildar had issued a similar notice dated 26.1.2007, to which the petitioners had given a detailed reply, dated 25.5.2007/2.6.2007 and while consideration of the reply was pending and no orders were passed by the third respondent, steps were being taken to dispossess the petitioners. Then the petitioners approached this Court in W.P.No. 2090 of 2011 questioning the said notice and this Court, by order, dated 4.2.2011, disposed of the said writ petition, the operative portion of the said order is as follows, “4. After hearing both the learned counsel for the parties, it is clear that a show cause notice has been issued to the petitioners to which a reply has also been filed. As long as no final orders are passed by the 2nd respondent, no action can be taken and the petitioners cannot be dispossessed from their lands.
5. In view of the above, writ petition is disposed of with a direction that the respondents shall not interfere with the petitioners’ possession over the lands mentioned above, except in accordance with the due process of law. There shall be no order as to costs.”
The learned counsel for the petitioners states that while no orders were passed with respect to the earlier show- cause notice, the third respondent has issued the present show-cause notice again as if it was issued in pursuance of the orders of this Court in W.P.2090 of 2011. He also states that while the said proceedings were pending, third parties being represented by respondents 4 to 11 were physically trying to encroach into the land of the petitioners and dispossess them and that the third respondent was not taking any steps against such illegal acts of third parties.
Since the present show-cause notice issued by the third respondent-Tahsildar is within his jurisdiction under Rule 3 of the aforesaid Rules and the jurisdiction of the Tahsildar is not in dispute, I am not inclined to entertain this writ petition. However, the earlier notice and the reply of the petitioners remained unconsidered and the possession of the petitioners was protected by the order of this Court in W.P.No. 2090 of 2011, referred to above. Hence I deem it appropriate to dispose of this writ petition by permitting the petitioners to submit their explanation and raise all their contentions available to them in law before the third respondent in response to the present show-cause notice by or before 31st August, 2014 and the third respondent is directed to consider the said explanation and then pass appropriate reasoned order in accordance with law. Pending passing of order by the third respondent, the petitioners’ possession shall not be disturbed or interfered with by the third respondent. So far as the grievance of the petitioners with respect to the encroachment by third parties is concerned, the petitioners are free to approach the competent court of law and seek appropriate remedy.
Accordingly the writ petition is disposed of.
Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 6.8.2014 KR