High Court for State of TelanganaWP/2420/2016disposed of no costs

Kota Veeraiah, v. The State Of Andhra Pradesh, Rep By Its Principal Secretary,

2016-01-28Vilas V.Afzulpurkar2 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION Nos.2342, 2351, 2409, 2420 & 2425 OF 2016 COMMON ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

All these Writ Petitions are filed by the individual petitioners, who are given identical notices dated 18.12.2015 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007. Each of the petitioners through his counsel has filed detailed explanations denying the claim of the Tahsildar, Koduru Mandal, Krishna District, the 4th respondent.

The explanations dated 02.01.2016 of the petitioners are sent by registered post with acknowledgement due and the same appear to have been acknowledged by the 4th respondent on 04.01.2016. While the said proceedings are pending adjudication before the 4th respondent, alleging that on 18.01.2016 the officials of the 4th respondent came to the petitioners and threatened to dispossess them, these Writ Petitions are filed.

I am not able to see any reason for the 4th respondent to forcibly dispossess the petitioners when he has already given them the notices inviting explanations and since the petitioners have already filed their explanations, it is for the 4th respondent to consider the same and then pass appropriate orders in accordance with law. Though it appears that these Writ Petitions are filed only on an apprehension without there being any threat of dispossession of the petitioners, keeping in view the claim of the petitioners that they are in possession from 1994 onwards, it is appropriate to direct the 4th

respondent to consider the explanations of the petitioners and then take appropriate decision in accordance with law. Meanwhile, the 4th respondent shall not dispossess or otherwise interfere with the lands of the petitioners covered under the impugned notices. The Writ Petitions are accordingly disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in these Writ Petitions shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 28.01.2016 KH