Mundundi Ranga Raju v. The State Of Andhra Pradesh Rep. By Its Principal

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION Nos.10359, 10364, 10365, 10367 AND 10376 OF 2016 COMMON ORDER:

These Writ Petitions are filed seeking to declare the action of respondent No.3, in trying to demolish the houses belonging to the petitioners situated at Peda Amiram Village, Kalla Mandal, West Godavari District, under the guise of notice, dated 09.03.2016, as illegal and arbitrary.

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

The grievance of the petitioners is that though they have submitted explanation on 14.03.2016 to the notice, dated 09.03.2016, issued under Section 7 of the Land Encroachment Act, 1905 (for short, 'the Act'), without passing any final order under Section 6 of the Act, the respondents are trying to demolish their houses. Learned counsel for the petitioners submits that unless final orders are passed under Section 6 of the Act, the respondents cannot demolish the houses of the petitioners.

Since the petitioners have already filed explanation

to the notice, dated 09.03.2016, this Court is not inclined to go into the merits of the case. The competent authority - respondent No.3 shall consider the explanation of the petitioners, dated 14.03.2016, in accordance with law and pass final orders under Section 6 of the Act. Till final orders are passed, status quo obtaining as on today shall be maintained.

With the above directions, the Writ Petitions are disposed of. Miscellaneous Petitions, if any, pending in these Writ Petitions, shall stand closed. No costs. __________________________ A. RAJASHEKER REDDY, J March 29, 2016 Note: Issue C.C. in two days.

B/o.MD