Andhra Pradesh High Court - Amravati
Palla Govinda Rao vs The State Of Andhra Pradesh, on 28 February, 2022
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.4734 of 2022
ORDER:
The 2nd respondent had earlier issued notices to the petitioner to vacate Ac.1.10 cents of land in Sy.No.13 of S. Agraharam, Sankhavaram Mandal, East Godavari District, on the ground that the said land is tank poramboke land. The petitioner had thereupon approached this Court by way of W.P.No.24213 of 2021 claiming that this land had been allotted to his mother by the 3rd respondent vide Proceedings No.(B) 39/87, dated 07.01.1987 and his mother had been in possession of the said land and since then she is continuing to cultivate the said land. The petitioner contested the notice on the ground that the said notice is issued to him and not to his mother. This writ petition was disposed of by a learned Single Judge of this court on 23.10.2021 holding that the notice dated 11.10.2021 is an order of eviction, and set it aside leaving it open to the 2nd respondent to initiate appropriate proceedings by following due process of law. Thereafter, a fresh notice was issued against the petitioner on 28.12.2021. Aggrieved by this notice the petitioner again approached this Court by way of W.P.No.1210 of 2022 contending that the 2nd respondent was not permitting the petitioner to submit any explanation. This writ petition was again disposed of by a learned single judge of this Court on 20.01.2022 directing the petitioner to submit his explanation to the show cause notice dated 28.12.2021 within one week. The 2nd respondent was also directed to consider the said explanation and pass appropriate orders within a period of three weeks.
2. Thereafter, the 2nd respondent passed the impugned proceedings dated 11.02.2021 directing the petitioner to vacate the land 2 RRR,J W.P.No.4734 of 2022 in question. Aggrieved by the said order, the petitioner has again approached this Court by way of the present writ petition.
3. It is the case of the petitioner that the allotment of land was in the name of his mother and it is his mother, who is in possession of the said land. He contends that the order passed by the 2nd respondent would have to be set aside as he has no relationship with the said land.
4. If the contention of the petitioner is to be accepted, there would be no necessity for the petitioner to approach this Court as he specifically states that neither he is in possession of the land nor he is the person to whom the land had been allotted. However, to end this continuous filing of writ petitions, it would be appropriate to dispose of this writ petition setting aside the order passed by the 2nd respondent dated 11.02.2021 and remanding the matter back to the 2nd respondent with the following directions:
1. The 2nd respondent shall issue fresh notices to both the petitioner and his mother calling upon them to explain why they should not be evicted from the land mentioned above.
2. Both the petitioner and his mother shall be entitled to place their objections and such material as may be available with them in support of their objections, within a period of three weeks from the date of receipt of the notice.
3. The 2nd respondent, after giving an appropriate opportunity of hearing to both the petitioner and his mother, shall take a decision on the entire matter, including the question of whether there was any assignment of land in the mother of the 3 RRR,J W.P.No.4734 of 2022 petitioner and whether it is the petitioner or his mother who is in possession of the land.
4. In the event of any adverse orders being passed against the petitioner and his mother, it shall be open to the petitioner or his mother to avail all such remedies as are available under law.
5. The 2nd respondent shall not take any coercive steps against the petitioner or his mother till the final orders are passed in accordance with law.
With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_________________________ R. RAGHUNANDAN RAO, J.
28th February, 2022 Js/Chd.
4 RRR,J W.P.No.4734 of 2022 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO W.P.No.4734 of 2022 28th February, 2022 Js/Chd