High Court for State of TelanganaWP/2144/2011disposed of no costs

Kathi Venkataiah v. Government Of Andhra Pradesh,Rep.By Its Secretary

2015-08-20C.V.Nagarjuna Reddy3 pages

THE HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.2144 OF 2011 DATED:20-8-2015 Between:

Kathi Venkataiah and others ... Petitioners And Government of Andhra Pradesh Rep. by its Secretary Forest and Environment Department Secretariat Hyderabad and others ... Respondents ... Respondents COUNSEL FOR THE PETITIONER: Mr. K. Muralidhar Reddy COUNSEL FOR RESPONDENT NOs.1 to 5: A.G.P. for Forests (AP) COUNSEL FOR RESPONDENT NOs.6 and 7: A.G.P. for Revenue (AP)

THE COURT MADE THE FOLLOWING:

ORDER:

This writ petition is filed with the grievance that though the petitioners have been granted house site pattas and the government has sanctioned funds under the weaker sections' housing programme, the respondents are trying to evict them allegedly on the ground that the properties are situated within reserve forest. Respondent No.5 has issued separate but identical notices to the petitioners to show cause as to why they shall not be evicted under Section 20(3)(i) of the Andhra Pradesh Forest Act, 1967. The petitioners have submitted a common reply. Though the counter affidavit is silent on the explanation of the petitioners to the show cause notice, the learned Assistant Government Pleader for Forests (AP), on instructions, submitted that the representations of the petitioners are pending and no final order in pursuance of the notices issued by respondent No.5 have been passed.

In the light of the above facts and circumstances of the case, respondent No.5 is directed to hold a detailed enquiry and pass an appropriate order and communicate the same to the petitioners. Till this process is completed, the respondents shall not interfere with the possession and enjoyment of the properties in occupation of the petitioners.

The writ petition is accordingly disposed of. As a sequel to disposal of the writ petition, W.P.M.P. No.2660 of 2011 and W.V.M.P. No.1264 of 2011 shall stand disposed of as infructuous.

_______________________ C.V. NAGARJUNA REDDY, J 20-8-2015

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