Shaik Mahaboob Subhan v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION Nos.22354, 22355 and 22356 of 2016 COMMON ORDER:
Since the issue involved in all these three writ petitions is one and the same, they are being disposed of by way of common order.
2. These three Writ Petitions are filed seeking to declare the action of respondents in trying to dispossess/demolish the petitioners from their respective houses situated opposite to Panchayath Office, Amaravathi, Guntur Main road, without considering the explanations submitted on 02.07.2016 and 05.07.2016 to the notice issued by the 4th respondent, dated 27.06.2016, and without providing an opportunity to prefer an appeal to the 3rd respondent, as arbitrary and illegal.
3. Heard.
4. The case of the petitioners is that they were issued notice on 27.06.2016 under Section 7 of the Madras Act, 1905 informing them as to why they should not evicted from the subject lands. In pursuance of the same, they submitted explanations on 02.07.2016 and 05.07.2016, but the authorities concerned without passing any orders thereon under Section 6 of the Land Encroachment Act, 1905, are trying to dispossess petitioners from their respective houses.
5. In view of the facts and circumstances of the case, all these three Writ Petitions are disposed of directing respondent No.4 to consider the explanations, dated 02.07.2016 and 05.07.2016 submitted by the petitioners in pursuance of notice, dated 27.06.2016, and pass appropriate orders in accordance with law, after giving opportunity to the parties concerned. Till such exercise is completed, interim
direction granted on 13.07.2016 shall continue. However, if the petitioners do not cooperate, it is open to the respondents to pass orders on merits. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ____________________________ A.RAJASHEKER REDDY, J JULY 20, 2016 YVL HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT PETITION Nos.22354, 22355 and 22356 of 2016 Date: 20.07.2016 YVL