Goriparthi Subba Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.13319 of 2015 ORDER:

Petitioners state that they are landless poor and they have been in occupation of land belonging to the 3rd respondent Gram Panchayat for the past 30 years by raising thatched houses therein. They further state that they have obtained electricity connections and have been paying property tax to the Gram Panchayat regularly. It is their grievance that without issuing any prior notice and without following due process of law, the 2nd respondent issued notices dated 20.03.2015 directing them to remove the encroachments in the Gram Panchayat land within three days of receipt of the said notices. Hence, they filed the present writ petition seeking a direction to respondents 2 and 3 not to interfere with their possession of the subject property.

Heard the learned counsel for the petitioners and Mr. Ravi Cheemalapati, learned Standing Counsel appearing for respondents 2 and 3. In the facts and circumstances of the case, the writ petition is disposed of permitting the petitioners to file explanation to the impugned notices within a period of two weeks from today. On such explanations being filed, the respondent authorities shall consider the same and take appropriate decision in accordance with law within a period of four weeks thereafter. Till such time, status quo obtaining as on today shall be maintained. It is made clear that if the petitioners do not file their explanation within the aforesaid period, the respondent authorities are at liberty to proceed further in the matter in accordance with law. As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

_______________________ A. RAJASHEKER REDDY, J 1st May, 2015 IBL