Heard Learned Counsel For The vs Unknown
2021 Latest Caselaw 552 AP

    THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
                 Writ Petition No.2528 of 2021


Order:

        Heard learned Counsel for the petitioner and learned

standing counsel, Sri I.Koti Reddy, for the answering

respondents.

The grievance of the petitioner is that the land in

which the petitioner owns a house is being classified as

"Gramakantam". The petitioners case is that it is purely

private land which has been acquired under a registered

sale deed. In the alternative, it is argued that if the land is

to be treated as Gramakantam, there should be a

notification published in the Gazette before the

Panchayat claims any right. Reliance is placed upon the

judgment of the learned single Judge of this Court passed

in W.P.No.1675 of 2020, dated 30.01.2020.

Learned counsel also points out that a detailed

explanation is issued to the show cause notice that has

been issued to the petitioner. Therefore, he submits that

the impugned order has to be set aside, both on law and on

fact.

Learned standing counsel for the Panchayat, which

has issued the show cause notice states that the

explanation given by the petitioner on 24.12.2020 will be

considered and that a fresh order would be passed.

The learned counsel for the petitioner has no

objection for this.

Therefore, there shall be a direction to the 3rd

respondent to consider the legal and factual issues raised

by the petitioner in the explanation dated 24.12.2020 and

pass a speaking order on the issue. This exercise should be

completed within a period of two weeks, from the date of

receipt of copy of this order. Till, such time, no coercive

action should be taken against the house bearing Door

No.2/141 situated in Nagireddypalle village, Nandalur

Mandal, YSR Kadapa District.

With these observations, the Writ Petition is disposed

of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if

any, pending in this Writ Petition shall stand closed.

_________________________ D.V.S.S.SOMAYAJULU,J

Date : 02.02.2021 VSL

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

Writ Petition No.2528 of 2021

Dated : 02.02.2021

VSL