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2022 DIGILAW 518 (AP)

C. Rajeswari v. State of Andhra Pradesh

2022-05-19

RAVI CHEEMALAPATI

body2022
JUDGMENT Ravi Cheemalapati, J. - The present Writ Petition is filed for the following relief:- '..to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the notice, dated 06.05.2022 Roc.No.a/115/2022 issued Under section 7 of the andhra Pradesh Land Encroachment act, 1905 (act. No 3 of 1905) by the 4th respondent and his consequential action in highhandedly taking steps to demolish the petitioner residential house formed with RCC slab in an extent of 28/30 Sq.ft in Survey number: 45 situated in Beemaganipalle Village of Punganuru Town & Mandal, Chittoor District as illegal, arbitrary, violative of principles of natural justice and offends articles 14, 21 and 300-a of Constitiurtion of India and consequently set side the notice dated 06.05.2022 issued by the 4th respondent and directs the respondents not to demolish the petitioner residential house and also not dispossess and not to interfere with peaceful possession and enjoyment of the respective semi constructed residential house..' 2. The case of the petitioner is that she is a widow living depending on the pension of her husband. The petitioner, by removing erstwhile Cement Roofing Sheets house, started construction of a RCC Slab house, which is semi constructed. 3. The 4th respondent issued notice dated 06.05.2022 under Section 7 of the andhra Pradesh Land Encroachment act, 1905, for which the petitioner submitted her explanation/representation to the 2nd respondent on 12.05.2022 through Speed Post & to the 4th respondent on 09.05.2022 through inward. Without passing any orders, they attempted to dispossess the petitioner, as such the present Writ Petition is filed. 4. Heard Sri B.Balaiah, learned counsel for the petitioner, and learned assistant Government Pleader for the respondents. 5. Learned counsel for the petitioner submitted that without following the procedure contemplated under law, the 4th respondent without passing any final orders under Section 6 of the andhra Pradesh Land Encroachment act, 1905 pursuant to the petitioner's representation/explanation dated 09.05.2022 illegally attempted to demolish the petitioner's semi constructed house. 6. On the other hand, the learned assistant Government Pleader for respondent Nos.1 to 4 submits that the written instructions received by him shows that Form-7 notice has been issued to the petitioner under the andhra Pradesh Land Encroachment act. However, he submitted that the respondent authorities will follow due process of law. 7. 6. On the other hand, the learned assistant Government Pleader for respondent Nos.1 to 4 submits that the written instructions received by him shows that Form-7 notice has been issued to the petitioner under the andhra Pradesh Land Encroachment act. However, he submitted that the respondent authorities will follow due process of law. 7. Taking into consideration, the facts and circumstances of the case, with the consent of both the counsel, the Writ Petition is disposed of, directing the respondents to follow due process of law to dispose of the representation/explanation submitted by the petitioner in accordance with law and communicate the same to the petitioner and till then no coercive steps shall be taken by the respondents in relation to the subject property. There shall be no order as to costs. 8. as a sequel, pending miscellaneous petitions, if any, shall stand closed.