Andhra HC (Pre-Telangana)
Telangana Ngo'S Co-Operative House ... vs State Of A.P., Rep. By Its Principal ... on 29 March, 2012
Author: G. Rohini
Bench: G. Rohini
THE HON'BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.33888 OF 2011 Date: 29.03.2012 Telangana NGO's Co-operative House Building Society Limited, rep. by its President Mr. Ramchander Rao Shelly State of A.P., rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Hyderabad., and 3 others Counsel for the petitioner: Sri D.Prakash Reddy Counsel for respondents: Sri N.Sridhar Reddy (GIST: (HEAD NOTE: ? Cases cited: 1. AIR 1982 SC 1081 ORDER:
This writ petition is filed seeking a Certiorari to call for the records relating to the order, dated 22.11.2011, passed by The brief facts are as under:
The petitioner society was allotted 100 acres of land situated in Sy.No.156/1 of Mylardevpally Village, Rajendranagar Mandal Long thereafter, the District Collector, Rangareddy by proceedings dated 6.2.2009 allotted 4 acres of land situated in Sy.No Against the said order, though the Government preferred Writ Appeal No.326 of 2010, it was dismissed by a Division Bench b Thereafter, the 4th respondent - Tahsildar, Rajendranagar Mandal, issued a notice dated 22.8.2011 under Section 7 of the A.P. The petitioner society gave a reply dated 5.9.2011 denying the allegation of encroachment of 30 acres of land over and above The said notice was served on the petitioner society on 23.11.2011. Challenging the said notice, the petitioner filed W.P.N Aggrieved by the same, the present writ petition is filed seeking a Certiorari to quash the order dated 22.11.2011 as well as The impugned order is assailed in the writ petition primarily on the ground that in view of the serious dispute regarding ti It is pleaded by the petitioner that no survey was conducted and no panchanama was prepared as sought to be contended in th The 4th respondent filed a counter-affidavit raising a preliminary objection as to the maintainability of the writ petition o I have heard Sri D. Prakash Reddy, the learned Senior Counsel appearing for the petitioner society and Sri N. Sridhar Reddy, So far as the preliminary objection raised by the respondents as to the maintainability of the writ petition on the ground th The law is well-settled that availability of alternative remedy is not an absolute bar for granting relief in exercise of pow As noticed above, the petitioner in the present case is questioning the impugned order of eviction passed under the A.P. Land Coming to the merits of the case, though the land allotted to the petitioner society was only 100 acres, a clear finding was However the case of the petitioner society is that the said land with specific boundaries was put in possession of the societ Therefore, the first question that arises for consideration is whether the respondents have power to evict the petitioner so In GOVERNMENT OF ANDHRA PRADESH v. THUMMALA KRISHNA RAO1 the Apex Court after considering in detail the scope and object of "Para 7. It seems to us clear from these provisions that the summary remedy for eviction which is provided for by Section 6 o Para 8. ... ... ... It is not the duration, short or long, of encroachment that is conclusive of the question whether the sum In the light of the ratio laid down in the above decision, the learned Senior Counsel appearing for the petitioner society On the basis of the material available on record, it appears to me that the petitioner society has made out a prima facie c It is also relevant to note that the Division Bench in W.A.No.326 of 2010 found that the 4 acres of land allotted to the It is true that while allowing W.P.No.6288 of 2009 this Court left it open to the State to take appropriate action for rec However, the learned Special Government Pleader appearing for the respondents while bringing to the notice of this Court For the aforesaid reasons, the impugned order dated 22.11.2011 as well as the subsequent notice dated 8.12.2011 are hereby s ______________ G. ROHINI, J.
Dt.29.03.2012