Yellina Soma Raju, S/O Ramanna, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.36244 of 2015 ORDER:
Registry of this Court entertained this writ petition, which is common to all the petitioners, though each petitioner was given separate notices under Rule 3 of the A.P.Assigned Lands (Prohibition of Transfer) Rules, 2007 (for short 'the Rules'). Learned counsel for the petitioners' supports the writ petition by stating that separate court fee is paid for each petitioner. However, the same is not the criteria, as the cause of action for each petitioner is the individual notice given to each of them and as such, separate writ petition ought to have been filed. However, having heard the learned counsel for the petitioners and the learned Government Pleader and keeping in view the scope of the writ petition, the writ petition is entertained.
Each of the petitioners was given separate notices under Rule 3, referred to above, requiring them to show cause. It is stated that each petitioner has filed separate explanations on 09-10-2015, which are pending consideration before the 4th respondent. However, alleging that the petitioners are sought to be dispossessed without even considering the explanations and without passing any orders, the present writ petition is filed.
Learned Government Pleader, who takes notice, states that the 4th respondent would consider the explanations of the petitioners and appropriate final orders would be passed. Till then, it is not possible to accept the allegation of the petitioners that the 4th respondent is interfering or threatening to evict them. It is evident that the petitioners have approached this Court merely on apprehension as the 4th respondent is bound to consider the explanations of the petitioners filed in response to the show-cause notices issued to them and cannot interfere even before consideration thereof and passing appropriate orders. Hence, the 4th respondent shall consider the cause shown by each petitioner in the respective notices and pass appropriate reasoned orders in accordance with law.
With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed. _______________________ VILAS V.AFZULPURKAR, J Date: 06-11-2015 Prv
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No.36244 of 2015 06-11-2015
Prv