Telangana High Court
Dandu S. Laxmi vs Union Of India on 14 March, 2023
Bench: K.Lakshman
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
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
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
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
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
