Atikari Venkataiah v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 40047 OF 2015 BETWEEN A.Venkataiah ... PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary and others ...RESPONDENTS Date of Order pronounced: 10.12.2015 ORDER:- Heard.

2. Petitioner was given a notice under Section 7 of the A.P.Land Encroachment Act, 1905 by the fourth respondent in Ref.No.B/56/2014 dated 29.10.2015, for which petitioner is stated to have filed his explanation on 20.11.2015. It is further stated that so far no orders have been passed by the fourth respondent. In spite of there being no order passed, physical interference and threat of dispossession being apprehended by the petitioner, he has approached this Court by this writ petition.

3. In view of the fact that no final orders as yet are passed by the fourth

respondent with regard to the said notice, referred to above, it is appropriate to direct the fourth respondent to consider the explanation of the petitioner and take appropriate decision in the matter and communicate the same to the petitioner. Till passing of such appropriate orders, as directed above, neither the fourth respondent nor his associates would interfere or otherwise dispossess the petitioner from the lands covered by the said impugned order.

With the above direction, writ petition is disposed of. As a sequel the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J December 10, 2015 LMV