Parasa Droupathi Rao Tirupathi ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1914 AP

      HONOURABLE SRI JUSTICE C. PRAVEEN KUMAR

                   Writ Petition No.10260 of 2021
ORDER:

Heard Sri V.N. Chakrapani, learned counsel for the

petitioner and the learned Government Pleader for Revenue as

well as the learned Government Pleader for Roads and

Buildings.

2. The present writ petition came to be filed challenging the

notices vide R.C.A/126/2021, dated 12.03.2021 issued under

Section 6 of Act 3 of the Madras Act, 1905, directing the

petitioners to vacate their houses situated adjacent to

R.S.No.390/2 and 391/2 of Chandragudem village, Mylavaram

Mandal, Krishna District, on the ground that the said site is

required for public purpose.

3. The petitioners claim that there is R & B poramboke site

in Chandragudem village, Mylavaram Mandal, Krishna District,

where 68 people landless poor persons, are living by eking out

their livelihood by doing cooli work. The petitioners submit that

the revenue authorities have issued a certificate of residence to

all the residents in the said locality. The grievance of the

petitioners is that the 3rd respondent issued notices under

Section 6 of Act 3 of the Madras Act, 1905, vide RCA/126/2021,

dated 12.03.2021, directing the petitioners to vacate their

houses situated adjacent to R.S.No.390/2 and 391/2 of

Chandragudem village, Mylavaram Mandal, Krishna District and

to deliver vacant possession of the same. It is said that though

the notices are issued on 12.03.2021, the same was served on 2 CPK, J

W.P.No.10260 of 2021

the petitioners on 07.05.2021. Challenging the same, the

present writ petition came to be filed.

4. Learned Government Pleader for Roads and Buildings, on

instructions, submits that against the impugned notices, there

is an appeal available under Section 10 of the Act to the

petitioners, and that the petitioners have to avail such remedy.

5. Having regard to the fact that there is a remedy available

to the petitioners under Section 10 of the Act against the

impugned notices issued under Section 6 of the Madras Act,

1905 and since the counsel for the petitioners represented that

the impugned notices were served on the petitioners on

07.05.2021, the writ petition is disposed of directing the

petitioners to prefer the appeal available under Section 10 of the

Act against the notices dated 12.03.2021, within the prescribed

period of one month from 07.05.2021, on which date the notices

were served to the petitioner, before the Appellate Authority. Till

such appeal is filed, no coercive steps shall be taken in terms of

the judgment of this Court dated 31.12.2013 in Rahmatullah

Khan v. Government of Andhra Pradesh (W.P.No.38888 of

2013). There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any,

pending shall stand closed.

________________________ C. PRAVEEN KUMAR, J Date: 20.05.2021 Ksn