Citation : 2023 Latest Caselaw 1778 AP
Judgement Date : 31 March, 2023
1
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.8045 OF 2023
JUDGMENT:-
1. Heard the learned counsel for the petitioner, Ms. Alekya
Tadisina, learned standing counsel for the Central Government
for the respondents 1,3 to 7 and the learned Government
Pleader for Revenue appearing for the 2nd respondent.
2. The petitioner has filed this writ petition raising the
grievance that the 6th respondent - Senior Section Engineer
(Works), East Coast Railway, Srikakulam District is insisting the
petitioner to vacate from the property in question with respect to
which a show cause notice has been issued to the petitioner on
17.01.2023.
3. Learned counsel for the petitioner submits that the
petitioner has submitted reply to the show cause notice on
25.01.2023, but till date no order has been passed.
4. As the respondents have issued the show cause notice to
the petitioner to which the petitioner has filed the reply as
aforesaid, this Court is not inclined to entertain the writ petition
to run the parallel proceedings in exercising of writ jurisdiction.
5. The writ petition, is therefore, dismissed on the aforesaid
ground alone, without observing anything on the merits of the
show cause notice or/and the petitioner's reply, but certainly
observing that a person in settled possession cannot be
dispossessed without following due process of law of the order
has not been passed on the reply filed by the petitioner, the
same is required to be passed in accordance with law. No order
as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
__________________________
RAVI NATH TILHARI,J Date:31.03.2023
Gk
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.8045 OF 2023
Date:31.03.2023
Gk.
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