Kongala Chittemma v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.5964 of 2018 ORDER:

This Writ Petition is filed challenging the notice dated 30.04.2012 issued by the third respondent under Section 7 of the Andhra Pradesh Land Encroachment Act.

When the matter is taken up for consideration, learned Government Pleader produced before this Court a copy of the written instructions stating that an extent of Ac.1.28 guntas including the land of the petitioner in an extent of Ac.0.34 guntas was found to have been encroached and the said land is situated in Survey No.74 of Sathupally Village. It is also admitted that notices were issued, but the petitioner and others have not filed the explanation or proof with regard to the claim. In those circumstances, the Mandal Revenue Inspector, Sathupally, and the Village Revenue Officer, Sathupally, have taken possession of the land under a cover of panchanama on 05.04.2012 and kept the same in Government custody. The land is now in the safe custody of the Government. The said land is now proposed for construction of two bed room houses and administrative sanction was also issued by the Collector on 05.05.2017.

On the written instructions, learned Counsel for the petitioner submits that no copy of the order was served pursuant to the notice issued under Section 7 of the Andhra

Pradesh Land Encroachment Act. If that is so, the third respondent is directed to serve a copy of the order under Section 6 of the said Act within ten days from the date of receipt of a copy of this order, if it is not already served as per the records available with him.

The Writ Petition is, accordingly, dismissed as infructuous. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 23.02.2018 vs