Andhra Pradesh High Court - Amravati
Karri Venkateswaramma vs The State Of Andhra Pradesh, on 26 August, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.12102 of 2019
ORDER:
Challenging the encroachment notice dated 13.08.2019, issued by respondent No.3 - Tahsildar, Bapatla Mandal, under Section 7 of the Madras Act, 3 of 1905, directing the petitioner to vacate and handover vacant possession of Ac.0.80 cents out of Ac.1.22 cents comprised in Sy.No.849/8, stating to be government land, situated at East Bapatla Village, Bapatla Mandal, Guntur District, the present Writ Petition is filed.
It is the case of the petitioner that she was granted D-Form patta by the then Mandal Revenue Officer, Bapatla dated 05.04.1993 for an extent of Ac.0.50 cents in Sy.No.849/8 situated at East Bapatla Village, Bapatla Mandal, Guntur District; her brother was also granted patta for an equal extent of land in the said survey number; consequent to her brother's death, she became owner of D-form patta land pursuant to will executed; and while so, respondent No.3, issued encroachment notice dated 13.08.2019, under Section 7 of the Madras Act, 3 of 1905, directing the petitioner to vacate and handover vacant possession of Ac.0.80 cents out of Ac.1.22 cents comprised in Sy.No.849/8, stating to be government land. Hence the writ petition.
As the impugned order is only a notice, petitioner is at liberty to file a detailed explanation within two weeks from the date of receipt of a copy of the order; on receipt of such explanation within the time stipulated, respondent No.3 is directed to pass a reasoned order; till the disposal of the explanation, respondent No.3 is directed not to take any coercive steps; and if no explanation is received within the time stipulated, respondent No.3 is at liberty to proceed in accordance with law.
The Writ Petition is, accordingly, disposed of. No order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
________________________________ KONGARA VIJAYA LAKSHMI, J Date:27.08.2019 usd