Mohammed Fazurulla, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.34655 OF 2016
O R D E R
The case of the petitioner is that he was issued notice dated 28.09.2016 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short 'the Act') by the 3rd respondent and in pursuance of the same, the petitioner submitted explanation on 07.10.2016. But, without passing any final orders under Section 6 of the Act, the respondents are trying to demolish the petitioner's property. Aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.
Having issued notice, the respondents cannot dispossess the petitioner or demolish the property of the petitioner, without passing final orders under Section 6 of the Act.
In view of the same, the 3rd respondent is directed to pass final orders under Section 6 of the Act after considering the explanation submitted by the petitioner in pursuance of the impugned notice dated 28.09.2016, in accordance with law. Till then, status-quo obtaining as on today shall be maintained by both the parties. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending if any, shall stand closed. ____________________________ A.RAJASHEKER REDDY,J Date: 14.10.2016 Note:
CC by 17.10.2016 (B/o) dv