Smt. P. Sharabanu v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 16771 of 2018 Date : 2.5.2018 Between:

Smt P Sharabanu W/o Abdul Rasool 48 years R/o H No. 19/33, Hanumesh Nagar, Guntakal town & mandal Anantapuramu district Petitioner And The State of AP Rep by its Principal Secretary, Department of Revenue Secretariat, Guntur and others Respondents The Court made the following:

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 16771 of 2018 ORAL ORDER:

Notice was issued on 19.1.2018 by the Tahsildar alleging that house site patta granted to the petitioner is on objectional land, therefore, why the same should not be cancelled. It appears, petitioner filed explanation in the form of notice by advocate on 1.2.2018. So far no orders are passed. While so, alleging dispossession, this writ petition is filed. It appears patta was assigned to the petitioner in the year 2017 and later it was found that assignment was granted for a place where construction of house would be causing hardship to general public and not conducive in the larger public interest. That being so, it can not be said that notice is not validly issued. Responding to the notice, petitioner filed explanation and so far no orders are passed.

It is for the competent authority to consider the explanation and pass appropriate orders. Therefore, at this stage, Court is not inclined to entertain the writ petition. Writ petition is premature. Accordingly, the same is dismissed leaving it open to the petitioner to avail the remedies available to her in law, if any adverse decision is made. It is made clear that observations made herein are only for the purpose of consideration of the writ petition at the admission stage and do not come in the way of examining the claim of the petitioner objectively and on its own merits. Subject to above observations, writ petition is dismissed. No costs. Miscellaneous petitions, if any pending, are closed.