Disposed

Pulleti Appa Rao v. the State of Ap

Andhra Pradesh HC13 Feb 2023WP/1045/2023

Case brief

AI extract

What is this about?

Petitioners challenged eviction notices issued without prior hearing as violative of natural justice. The Court held such notices invalid, treating them as show cause notices and granting time for objections before proceeding further.

What did the court decide?

Notices treated as show cause notices. Petitioners granted two weeks to file objections. Respondent ordered to pass reasoned orders within six weeks after hearing.

Pulleti Appa Rao Vs the State of Ap — Landlord and Tenant | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.Nos.1045, 1046 & 1049 of 2023

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COMMON ORDER:

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The petitioners in these three writ petitions are in occupation of the land on which they have constructed their shops in Sy.No.66, Chodavaram Mandal, Visakhaptnam District. They have approached this Court, being aggrieved by the notice dated 10.01.2023 issued to the petitioners by the 5^th respondent calling upon the petitioners to vacate the said shops.

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The petitioners contend that the said notices are actually orders of eviction without giving an opportunity of being heard to the petitioners and the same are clearly arbitrary and violative of the principles of natura justice.

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Heard Ms. Avanija Inuganti, learned counsel appearing for Sri A.S.K.S. Bhargav, learned counsel for the petitioners and Sri N. Srihari, learned Standing Counsel appearing for the 5^th respondent-Gram Panchayant.

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A perusal of the impugned notices show that the said notices are orders of eviction and the same have been issued without any prior notice or opportunity of hearing being given to the petitioners. In the circumstances, it must be held that the said notices are violative of the principles of natural justice.

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RRR,J 2 W.P.Nos.1045, 1046 & 1049 of 2023

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In the circumstances, these writ petitions are disposed of by holding that the said notices shall be treated as show cause notices. Consequently, the petitioners are entitled to file their objections to the said show cause notices with such material as they may deem fit. The petitioners are granted two weeks time to file their objections to the said show cause notices and the 5^th respondent shall pass orders on the said objections, after an opportunity of hearing being given to the petitioners, within a period of six weeks thereafter. Needless to say, the said order shall contain reasons and any action taken by the 5^th respondent shall be in accordance with such orders. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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_________________________ R. RAGHUNANDAN RAO, J.

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13^th February, 2023 Js.

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RRR,J 3 W.P.Nos.1045, 1046 & 1049 of 2023

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶15

W.P.Nos.1045, 1046 & 1049 of 2023

¶16

13^th February, 2023

¶17

Js.

Pulleti Appa Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

Pulleti Appa Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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