Burjabariki Kamala v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35598 OF 2017 Dated:26.10.2017 Between:

Burjabariki Kamala, W/o. Late Jagganna, Aged 60 years, R/o. Near Z.P. Guest House, Araku Valley, Visakhapatnam and another .. Petitioners And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35598 OF 2017 ORDER:

Heard.

2.

Alleging that petitioners are in illegal occupation of the Government land to an extent of Ac.0.10 cents each in Plot No.55 of Kantabamsuguda Village, Araku Valley Mandal, Visakhapatnam District, notice dated 11.09.2017 was issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, 'the Act'). Petitioners filed their explanation to the said notice. Alleging inaction on the said explanation and threatening to dispossess them, the petitioners filed this Writ Petition. 3.

Since proceedings are already initiated under the Act and notice was issued, it cannot be expected, at this stage, that the authorities would not pass orders without considering the said explanation and without taking steps under Section 6 of the Act and displace them from the subject plot. The Writ Petition is premature and is liable to the dismissed.

4.

The Writ Petition is accordingly dismissed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:26.10.2017 KH