Ch. Kantha Sharma S/O Ch.V.V.Gopal v. The State Of Telangana, Rep. By Its
HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION Nos.11937 AND 12124 OF 2016 COMMON ORDER:
The petitioner claims to be the purchaser of open Plot Nos.64 and 65 admeasuring 319 sq.yards in Sy.No.553 situated at Lakshminarayana Nagar Colony, Uppal, Ranga Reddy District, and carrying on industrial manufacturing activities by erecting a shed therein. It is the grievance of the petitioners that without issuing prior notice and without conducting any enquiry, the third respondent is interfering with the possession and enjoyment of their respective properties.
2. On the other hand, the learned Standing Counsel for the second and third respondents submits that notices have been issued.
3. Heard Sri V.Venkateswarlu, learned Counsel appearing for the petitioners, learned Government Pleader for Industries and Commerce appearing for the first respondent, Sri L.Prabhakar Reddy, learned Standing Counsel appearing for Respondents 2 and 3 and Sri Pasam Krishna Reddy, learned Standing Counsel appearing for the fourth respondent.
4. A perusal of the notices dated 21.12.2015 reveal that the said notices have been addressed saying 'to All the Shed Owners/Encroachers of land adjacent to drain at Sri Krishna Pharma, Industrial Park, Uppal, Hyderabad-39'. A perusal of the same would leave no manner of doubt that the same does not satisfy serving of notice on the petitioners under the eye of law. Further, the impugned notice is in a general format. However,
considering the nature of allegations made by the third respondent, it is just and necessary that the petitioners be issued with fresh notices setting out in detail the nature of rights held by the third respondent in the subject lands and nature of encroachments under which the third respondent seeks to exercise power to evict the petitioners from the lands in question. As and when such notices are issued by the third respondent giving sufficient time, the petitioners are at liberty to submit their respective detailed explanations. The explanations that may be submitted by the petitioners shall be considered and appropriate orders are passed by the third respondent as is enjoyed by him under the statute.
5. Subject to the above, the Writ Petitions are disposed of. However, it is needless to mention that till appropriate orders are passed by the third respondent, the possession and enjoyment of the petitioners shall not be interfered with. No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall also stand closed. __________________________________ CHALLA KODANDA RAM, J April 12, 2016 LMV THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No.11937 OF 2016 April 12, 2016 LMV