Rami Setti Venkateswararao, Krishna District v. The District Collector, Krishna District And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.18569 OF 2005

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioner from the land in an extent of Ac.0.17 cents in R.S.No.255/2, Ac.0-45 cents in R.S.No.256/1A, Ac.0.11 cents in R.S.No.256/1B and Ac.0.84 cents in R.S.No.256/1D situated at Chigurukota Village, Mudinepalli Mandal, Krishna District, without passing the final order on the show cause notice dated Nil-08-2005, issued by the 2nd respondent, as illegal and arbitrary.

Heard Sri T.V.V.Koteswara Rao, learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.

It is the case of the petitioner that he purchased the land admeasuring Ac.0-17 cents in R.S.No.255/2, Ac.0-45 cents in R.S.No.256/1A, Ac.0.11 cents in R.S.No.256/1B and Ac.0.84 cents in R.S.No.256/1D situated at Chigurukota Village, Mudinepalli Mandal, Krishna District, on 13.07.1993. Since then he is in possession and enjoyment of the said lands. During the month of August, 2005, the respondents had issued a show cause notice to the petitioner to explain as to why he should not be evicted from the said lands, for which, he submitted his explanation. But, so far

no orders have been passed. Hence, the present writ petition is filed.

While admitting the writ petition, this Court granted interim direction on 22.08.2005 in WPMP No.23633 of 2005, pursuant to which, the petitioner is in continuous possession and enjoyment of the said lands.

Learned Government Pleader appearing for the respondents submits that the respondents would take into consideration the explanation submitted by the petitioner and pass final orders. In view of the same, this Writ Petition is disposed of directing the respondents to pass final orders by taking into consideration the explanation submitted by the petitioner to the show cause notice issued way back in the month of August, 2005, within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. It is needless to say that till the respondents pass final order, the parties are directed to maintain status quo in respect of the subject lands. No costs.

Miscellaneous petitions, if any, pending shall stand closed. ________________________________ JUSTICE ABHINAND KUMAR SHAVILI 16th February,2018 rkk