Nunna Rambabu ,Venkata Rama Rao v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.38129 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the notice dated 10.10.2018, issued by the 2nd respondent, pending disposal of I.A.Nos.663 and 664 of 2018, filed by the petitioner in O.A.No.519 of 2013, on the file of Andhra Pradesh Endowments Tribunal, Pedakakani, (Amaravathi) (Camp at Kakinada), as illegal and arbitrary. Though various grounds are raised, learned counsel for the petitioner submits that though I.A.No.663 of 2018 came to be filed to condone the delay in filing the petition to set aside the ex parte order and I.A.No.664 of 2018, to set aside the ex parte order dated 19.12.2017, passed by the A.P. Endowments Tribunal, are pending consideration before the A.P. Endowments Tribunal, the impugned notice came to be issued directing the petitioner to vacate the encroached land within ten days from the date of receipt of the notice by removing the constructions made thereon.

Learned counsel for the petitioner further submits that the permanent residential structures are raised in the subject premises and it may not be proper for removal of the same pending disposal of the above said two applications before the A.P. Endowments Tribunal. Learned Standing Counsel for the respondents 2 and 3 would submit that the Andhra Pradesh Endowments Tribunal, Pedakakani, (Amaravathi) (Camp at Kakinada), may be directed to dispose of the I.A.Nos.663 and 664 of 2018, filed by the petitioner in O.A.No.519 of 2013, in accordance with law, within a reasonable time. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the Andhra Pradesh Endowments Tribunal, Pedakakani, (Amaravathi) (Camp at Kakinada), to dispose of the I.A.Nos.663 and 664 of 2018, filed by the petitioner in O.A.No.519 of

2013, in accordance with law, at the earliest preferably within a period of four to six weeks from the date of receipt of copy of this order after giving reasonable opportunity of hearing to the petitioner and all concerned. Till such time, the impugned notice stands suspended. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand closed.

_________________________ C. PRAVEEN KUMAR, J Dated:23.10.2018.

Note:

Issue CC in two days.

B/o.

Gk

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.38129 OF 2018 Date:23.10.2018 Gk