Kotha Satyanarayana Reddy v. State Of Telangana And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRIJUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 25159 oF 2022 Between:

Kotha Satyanarayana Reddy, S/o.Koti Reddy, lndian, Aged. 72 years. Occ. Agriculture, Gollapadu village, Khammam Rural District. ...PETITIONER AND

1. State of Telangana, Rep. by its Principal Secretary Revenue Department, Secretariat, Hyderabad.

2. The District Collector, Khammam District.

3. The Tahasildar, Khammam Rural lvlandal, Khammam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pteased to issue any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice of the 3rd Respondent issued under Section.T of Act No.3 of 1905, vide RC.No.Cl109l2022lGollapadu2, dated.11-05-2022 for eviction of land in Sy.No.26 occupied by the Petitioner to an extent of Ac.O- 30 guntas out of total extent Ac.157.17 guntas, of Gollapadu revenue village of Khammam Rural Mandal as illegal, null, void and without jurisdiction.

I lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to evict the Petitioner from land in Sy.No.26 occupied by the Petitioner to an extent of Ac.0-30 guntas out of total extent 4c.157.17 guntas, of Gollapadu revenue village of Khammam Rural lVlandal and not to disturb the peaceful possession and enjoyment of the Petitioner in and over the subject land, pending disposal of the present Writ Petition. Counsel for the Petitioneri SRI c. RAVI CHANDRA SEKHAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER

HON,BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.25159 of 2022 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. With their consent, the writ petition is disposed of at the stage of admission.

2.

This writ petition is liled questioning the show-cause notice issued under Section 7 of Land Encroachment Act, 1905 vide RC NO.Ci 109/2022 lGollapwdt-2, dated L1.O5.2022. The writ petition is filed questioning the show-cause notice submitted explanation to the show-cause notice, after having this Court is not inclined to entertain the writ petition at this stage.

3.

The learned counsel for the petitioner submitted that in response to the show-cause dated 11.O5.2O22 the petitioner has already submitted explanation through his counsel on 26.05.2022 and a copy of the same is produced before this Court. It is evident from the same that the said explanation was also received by the office of the 3'd respondent and the same is yet to be considered by the 3'd respondent.

o 4.

in view of the same, the writ petition is disposed off directing the 3.d respondent to consider the explanation dated 27.O3.2022 submitted by the petitioner and pass appropriate orders in accordance with law and communicate the same to the petitioner. In case, any adverse orders are passed against the petitioner the respondents are directed not to take coercive steps against the petitioner for eviction of the petitioner from the subject land for a period of 60 days from the date of service of .the order passed by the 3rd respondent on the petitioner to enable the petitioner to avail the remedy of appeal provided under the statute, if he so choose.

Miscellaneous Petitions, if any, pending in this writ petition sha1l stand closed.

SD/- P.PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

The District Collector, Khammam District.

The Tahasildar, Khammam Rural lVlandal, Khammam District. One CC to Sri G. Ravi Chandra Sekhar, Advocate tOpUCl Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT] Two CD Copies One Spdre Copy \ 1.

GJ \ V

HIGH COURT DATED:1 510612022 ( 14 14:

e p 0 1 JUL 2022 c TJ ()

ORDER

I WP.No.25159 of 2022 nt i] 'l i l ;

DISPOSING OF THE WRIT PETITION WITHOUT GOSTS I osr* I