Banaothu Ramachandraiah, v. The State Of Telangana,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION Nos. 3291 and 3970 of 2017 COMMON ORDER:

These writ petitions are filed challenging the proceedings dated Nil.01.2017 issued by the 4th respondent under Section 6 of the Land Encroachment Act, 1905 (for short 'the Act'), mainly on the ground that sufficient time was not granted to the petitioners for filing explanation to the notice issued under Section 7 of the Act and also on the ground that no reasons were recorded in the impugned proceedings.

Heard both sides.

A perusal of the impugned proceedings goes to show that no proper reasons were recorded. More so, sufficient time was not granted to the petitioners for filing explanation, though they have pleaded time for filing explanation. In view of the same the impugned proceedings are liable to be set aside on the ground of violation of principles of natural justice.

Accordingly, all these writ petitions are allowed. However, the petitioners shall submit their explanations within four weeks from today, and on such explanations being submitted by the petitioners the 4th respondent shall pass appropriate orders, in accordance with law, after giving

opportunity of hearing to the petitioners. Till passing of final orders by the 4th respondent, there shall be stay of dispossession of petitioners from the subject land. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petitions, shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 06.02.2017 tk