HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.6919 of 2023
ORDER:
Heard Sri P. Prabhakar Reddy, learned counsel appearing for the petitioners, Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent No.1 and Sri K.R. Koteshwar Rao, learned counsel appearing for respondent No.2. Perused the record.
This writ petition is filed to declare the notices dated 06-02-2009 issued by respondent No.2 along with letter Nos.SCB/EB/PPE/140, SCB/EB/PPE/139 and SCB/EB/PPE/138, dated 21-01-2023 as illegal, without jurisdiction and revoke the same and further restrain respondent No.2 from dispossessing the petitioners from out of their respective plots i.e., plot No.124/125 to an extent of 400 Sq. yards belonging to the 1st petitioner, plot No.66/A, to an extent of 330 Sq. yards, belonging to 2 petitioner No.2 and plot No.125 to an extent of 270 Sq. yards belonging to petitioner No.3.
Vide notice No.EB/PPE/634/70, dated 06-02-2009 under Sub-section (1) of Clause (b)(ii) of Sub-section 4 of the Public Premises (Eviction of the Unauthorized Occupants) Act, 1971, Estates Officer of respondent No.2 directed the petitioner to submit explanation on or before 16-02-2009. Vide notice dated 21-01-2023 respondent No.2 requested the petitioners to attend enquiry on 08- 02-2023 for the purpose of giving opportunity to the petitioners herein. On 08-02-2023, all the three petitioners submitted letters requesting respondent No.2 to grant some more time to produce required documents and evidence.
Referring to judgment dated 18-03-2010 of the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad in L.G.C.Nos.167 of 1997 and batch, Sri P. Prabhakar Reddy, learned counsel appearing for the petitioners would submit that claiming right over the 3 entire land state had filed said LGC and the same was dismissed. No writ petition is filed challenging the said order and the said order attained finality. Respondents have issued similar notices to several persons, the members of respondent No.3 society including the petitioners herein. After 14 years, they have issued the present notice. Petitioners have constructed houses and they are residing in the said residences. In proof of the same, they have filed copies of tax receipts etc. He would further submit that respondent No.2 is conducting enquiry without having jurisdiction and without considering the request made by the petitioners and the documents to be submitted by the petitioners.
Whereas, Sri K.R. Koteshwar Rao, learned counsel appearing for respondent No.2 would submit that respondent No.2 would conduct enquiry, consider the explanations and also the documents to be submitted by the petitioners. Respondent No.2 will also afford an opportunity of hearing to the petitioners herein by way of 4 issuing notices, which is similar to notices dated 21-01-2023.
In view of the said submissions, this writ petition is disposed of granting liberty to the petitioners herein to submit explanations along with supporting documents to the said notices within a period of two (2) weeks from the date of receipt of a copy of this order. Liberty is also granted to them to raise all the contentions / grounds before respondent Nof.2, which they have raised in the present writ petition. Respondent No.2 shall consider the same and pass appropriate orders, in accordance with law, by affording opportunity of hearing to the petitioners herein. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J March 14, 2023 Note: Furnish C.C. in one week. B/o.PN 5 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6919 of 2023 March 14, 2023 Note: Furnish C.C. in one week. B/o.PN