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State of Andhra Pradesh - Section

Section 4 in Andhra Pradesh (Andhra Area) Tenancy Rules, 1980

4. Procedure for enquiry:.

(1)On receipt of an application under Rule 3, the Special Officer shall fix the date on which and the place and time at which the enquiry, in respect of the application will be held and shall issue notice thereof to the applicant or applicants and to the respondent or respondents mentioned in the application:Provided that no such notice need be issued to the applicant or applicants if the place, date and time fixed for enquiry has been intimated to the applicant or applicants or to the agent employed by him or them at the time of presentation of the application.
(2)The notice referred to in sub-rule (1) shall be served in Form II by delivering or tendering it to the party or to his agent, or to any adult member of his family, or where none of the above course is practicable by affixing it at his last known place of residence, or by sending it to his last known place of residence by registered post-acknowledgement due and in the case of the respondent, it shall be accompanied by a copy of the application.
(3)The respondent shall be entitled to file a counter to the application within a period of ten days from the date of service of the notice referred to in sub-rule (5) or within such further times as the Special Officer may for sufficient reasons allow.
(4)On the date fixed for the enquiry under sub-rule (1) or on such further date or dates to which the inquiry may be adjourned, the Special Officer shall give a reasonable opportunity to the parties to state their case and to adduce such evidence, both oral and documentary, as may be necessary in support thereof, and shall thereupon pass such orders as he deems fit.
(5)In making an inquiry under the Act, the Special Officer shall have power:
(a)to summon witnesses and call for the production of documents;
(b)to examine parties and witnesses on oath and affirmation and reduce into writing the statements made by the persons so examined;
(c)to enter upon and inspect any land and do any other act which in his opinion may be necessary for carrying out the provisions of the Act and these Rules;
(6)Every order passed by the Special Officer shall be pronounced in open court:
(a)on the date to which the proceedings may have been adjourned or if that be not practicable;
(b)on the date in respect of which notice has been given to the parties.
(7)The order referred to in sub-rule (6) shall be in writing and shall be served on the party in person, or on his agent or legal practitioner or shall he sent to him by registered post acknowledgement due.
(8)The summons issued to a witness either to appear in person or to produce documents shall be in Form-III.