Kambala Guru Murthy v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH W.P.No. 33281 of 2015 Between:

Kambala Guru Murthy and another ... Petitioner/s and The State of Andhra Pradesh and others ... Respondent/s DATE OF JUDGMENT PRONOUNCED: 14.10.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR Whether Reporters of Local newspapers may be allowed to see the Judgments?

No Whether the copies of judgment may be marked to Law Reports/Journals No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 33281 of 2015 ORDER:

Heard learned counsel for the parties.

The petitioners question the order of Revenue Divisional Officer-2nd respondent dated 28.9.2015 canceling their tree pattas on the ground that it was passed without issuing prior notice to them. The learned Government Pleader for Revenue, on instructions, submits that the said impugned action was taken in view of the Board Standing Orders No. 19-B Paragraph-2 vide Clause Nos. 9 and 11 thereof.

However, it is evident that there was no prior notice to the petitioners particularly when the petitioners are stated to have been granted tree pattas way back in the year 1978. Hence the impugned order is set aside. This, however, shall not preclude the respondents to issue prior notice to the petitioners, if any action is intended to be taken against them, consider their explanation and pass appropriate orders in accordance with law. The writ petition is accordingly allowed. Miscellaneous applications, if any, shall stand closed. No order as to costs. _________________________

VILAS V. AFZULPURKAR, J Dt. 14.10.2015 KR