Sane Bala Subbaiah, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 4298 AP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                WRIT PETITION NO.4882 OF 2022
ORDER:

1. This writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:

"to issue Writ of Mandamus declaring the action of the respondents in trying to disposes the petitioners and evict them from the extents of their lands admeasuring Ac.2- 71cents each in Sy.No 637/1B and 637/1B1 situated in Sangapatnam Village, Owk Mandal of Kurnool District as illegal arbitrary violative of principles of natural justice apart from being violative of Article 21 and 300A of the constitution of India and consequently direct the respondents not to evict and disposes the petitioners from their lands admeasurinq Ac.2-71cents each in Sy.No 637/1B and 637/1B1 situated in Sangapatnam Village, Owk Mandal of Kurnool and pass."

2. On 07.09.2023, the Forest Range Officer, Banaganapalli

Range, Kurnool District, has issued notice to the petitioner

alleging that he has encroached land of an extent of Ac.2-71 cents

in Sy.No.637/B and sought for an explanation within 15 days as

to why he should not be evicted from the aforementioned land,

treating him as an encroacher.

3. No counter affidavit is filed by the respondents.

4. Though the petitioner made several allegations against the

respondents, during hearing, learned counsel for the petitioner

requested this Court, without touching the merits of the case, to

permit the petitioner to explanation to the petitioner and NV,J WP_4882_2022

thereafter, direct the respondents to consider the explanation of

the petitioner and pass appropriate orders.

5. Learned Government Pleader for Forests readily agreed to

proposal made by learned counsel for the petitioner and would

submit that the respondent - authorities would dispose of the

explanation submitted by the petitioner.

6. In view of the submission made by the Government Pleader

for Forests, I need not decide the truth or otherwise of the

allegations made in the petition. This Court is conscious that no

such direction be issued, in view of the judgment of the Apex

Court in "The Government of India v. P.Venkatesh1", wherein

the Apex Court held that such orders may make for a quick or

easy disposal of cases in overburdened adjudicatory institutions.

But, they do no service to the cause of justice. As the learned

counsel for the petitioner himself requested to issue a direction to

dispose of the representation/explanation, I find no other

alternative except to issue such direction.

7. In the result, the writ petition is disposed of, giving liberty

to the petitioner to submit appropriate explanation to the

Notice dated 07.09.2023 to the respondents within a period of two

weeks from today. Upon receipt of the explanation, Respondent

2019 (8) SCALE 544 NV,J WP_4882_2022

No.4 shall consider the explanation and pass appropriate orders

within two (02) weeks thereafter. Till then, the respondents are

specifically directed not to interfere with the property of the

petitioner. No costs.

8. Consequently, miscellaneous petitions pending, if any, shall

also stand closed.

____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

Date: 15.09.2023 SP