Bade Rama Krishna v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.8404 OF 2017 ORDER:

The case of the petitioner is that he was issued notice on 09.01.2017 under Section 7 of the Land Encroachment Act, 1905 (for short 'the Act'). In pursuant to the said notice, the petitioner submitted his explanation on 31.01.2017 stating that he filed a civil suit in O.S.No.171/2014 against the respondents for permanent injunction and obtained status-quo orders. Subsequently, the said suit was dismissed for default. Later the petitioner filed petition to set aside the said dismissal order before the Court below and the same is pending. Knowing the dismissal of the said suit, the 3rd respondent issued the impugned notice. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the eptitionr and the learned Assistant Government Pleader for Revenue. In view of the above facts and circumstances, the 3rd respondent is directed to pass appropriate orders considering the explanation and affording an opportunity of hearing to the petitioner. Till such time, status-quo obtaining as on today shall be maintained regarding possession of the subject lands.

With the above direction, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 10.03.2017 dv