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High Court for State of TelanganaWP/33797/2015disposed of no costs

Smt. S. Nageswari, W/O. S. Shanmukhasridhar Reddy, v. The State Of Andhra Pradesh,

2015-10-13Vilas V.Afzulpurkar2 pages

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.33797 of 2015 ORDER:

Heard.

The petitioners question the action of respondents 2 and 3 in interfering with their possession of the land admeasuring Ac.3-26 cents in Sy.No.530/3 situated at Gurazala Village, Guntur District, and trying to dispossess them from the said land. The petitioners have filed a copy of the notice issued by the 3rd respondent in Rc.No.561/2015-C, dated 1108-2015, wherein the claimant as well as the vendor of the petitioners were notified to appear along with necessary documents before the 3rd respondent on 13-08-2015 for conducting enquiry. The petitioners state that since they have purchased the land in question vide Document No.2174/2015, they are entitled to the notice and their explanation is required to be considered by the 3rd respondent before taking any decision.

Evidently, the notice is issued to the vendor of the petitioners and if the petitioners have purchased the land in question from their vendor, it is open to the petitioners to appear before the 3rd respondent in support of their claim by showing the subsequent sale deed, through which they had purchased the land in question, and file their explanation and participate in the said enquiry. The notice is issued on 11-08-2015 and if the proceedings are still pending with the 3rd respondent, the petitioners are at liberty to appear before the 3rd respondent and participate in the said enquiry by filing their explanation, as referred to above. Therefore, the petitioners are granted a week's time from today to appear before the 3rd respondent and thereafter, the 3rd respondent would consider the petitioners' explanation as well as the explanation of the 4th respondent and take appropriate decision in the matter. Till such decision is taken, the petitioners shall not be dispossessed from the land in question.

Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ VILAS V.AFZULPURKAR, J Date: 13-10-2015 Prv