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High Court for State of TelanganaWP/34592/2017disposed of no costs

Goddu Kannayya, v. The State Of A.P.,

2017-10-16P Naveen Rao3 pages

HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO. 34592 OF 2017 DATED: 16.10.2017 Between:

Goddu Kannayya .. Petitioner And The State of Andhra Pradesh and three others . Respondents

PNR,J WP_34592_2017 HON'BLE SRI JUSTICE P. NAVEEN RAO W.P. No. 34592 of 2017 O R D E R:- The petitioner claims that he is in possession and enjoyment of Ac.0.11⁄2 cents of land in Sy.No. 17/ 3 situated in Inada village, Padmanabham Mandal, Visakhapatnam District. Alleging that the petitioner is in encroachment of the Government land, the 4th respondent - Tahsildar issued a Notice under Section 7 of the Land Encroachment Act (for brevity " the Act" ) to the petitioner who submitted his explanation / representation dated 14.09.2017 to the notice. At this stage and even before orders are passed on the explanation of the petitioner, this writ petition is filed. 2.

The learned counsel for the petitioner contends that even though no orders are passed on consideration of the explanation of the petitioner, the respondents are trying to dispossess the petitioner from the subject property. 3.

The learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing on behalf of the respondents have agreed to the disposal of the writ petition with a direction to the Tahsildar, Padmanabham Mandal to pass appropriate orders on the explanation dated 14.09.2017 submitted by the petitioner to the Notice under

PNR,J WP_34592_2017 Section 7 of the Act and until orders are passed, no coercive steps shall be taken against the petitioner.

4.

In view of the above, the writ petition is disposed of directing the 4th respondent - Tahsildar to examine the explanation dated 14.09.2017 said to have been submitted by the petitioner and the Notice issued under Section 7 of the Act and until appropriate orders are passed on the Notice under Section 7 of the Act and consequential Notice issued under Section 6 of the Act, no coercive action shall be taken against the petitioner. No order as to costs. As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_______________ P. NAVEEN RAO, J 16.10.2017 Note:

Issue CC in three days.

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