B.Mallikarjuna, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.4089 OF 2016 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

The petitioner questions the notice in R.C.B.66/2014 dated 13.01.2016 issued by the Tahsildar, Peapully Mandal, Kurnool District, the 4th respondent, requiring him to submit his explanation as regards the allegations made against him. The petitioner states that the said notice was received by him on 27.01.2016 and on 30.01.2016 itself a representation on behalf of all the villagers was given to the 4th respondent. While no orders are passed by the 4th respondent so far, the petitioner contends that the notice itself is illegal as it is issued after 14 years of grant of Lavoni Pattas.

It is evident from the show cause notice and the explanation stated to have been filed on behalf of the petitioner, as above, that he has already submitted an explanation and the orders of the 4th respondent are awaited. Merely because the pattas were issued long time back is no ground to entertain the Writ Petition against the show cause notice, particularly as the petitioner is entitled to raise all his contentions before the 4th respondent. If the petitioner so desires, he is at liberty to file additional reply/supplementary representation in continuation with his representation dated 31.01.2016. The petitioner is granted a week's time to file additional reply/supplementary representation and the 4th respondent shall thereafter consider the same and pass appropriate orders in accordance with law. Till passing of the

appropriate orders by the 4th respondent, status quo existing as on today shall be maintained by the parties.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_____________________________ VILAS V. AFZULPURKAR, J Date:10.02.2016 KH