Sri Kucharlapativenkata Rama Krishnamraju v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12440 OF 2018 DATED :12.04.2018 Between :

Sri Kucharlapati Venkata Rama Krishnam Raju, S/o.Narayana Raju, Aged about 57 yrs, Occu : Agriculture, R/o.Nallaregulapalem Village, Sabbavaram Mandal, Visakhapatnam District.

.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary to Government, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District & others. .. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12440 OF 2018 ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 2.

A declaration is sought by the petitioner alleging that the 4th respondent-Tahsildar, is trying to dispossess the petitioner from the land to an extent of Ac.0.76 cents in Sy.No.9/1 of Nallaregulapalem Village, Sabbavaram Mandal. The material on record would disclose that on 30.11.2017 a notice in Form-II was served on the petitioner under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007. Petitioner claims to have submitted his explanation and received by the 4th respondent on 16.12.2017. According to learned counsel for the petitioner, so far no orders are passed considering the explanation filed by the petitioner and on the contrary, there is threat of evicting the petitioner and seeking to allot the land to third parties. 3.

Learned counsel for the petitioner refers to earlier round of litigation filed by the relatives of petitioners who were also served with similar notice. This Court disposed of W.P.No.1134 of 2018 & batch, by order dated 23.01.2018 directing the respondents to pass orders in pursuant to the notice issued and till the orders are passed not to evict the petitioners therein from the subject lands. In the instant case also so far no orders are passed. 4.

Thus, in view of the said orders, this writ petition is also disposed of directing the respondents to finalize the issue on due consideration of the explanation submitted by the petitioner in

- 3 - pursuant to the show cause notice dated 30.11.2017, as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of copy of this order. Till a decision is made, petitioner shall not be evicted from the subject land. If an order is already passed, the same shall be communicated to the petitioner within a period of fifteen days from the date of receipt of copy of this order. No action shall be taken against the petitioner for a period of thirty days from the date of communication of the order. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 12th April, 2018 Rds