Disposed

Koppula Natha Neyulu v. the State of Andhra Pradesh

Andhra Pradesh HC20 Feb 2023WP/3703/2023

Case brief

AI extract

What is this about?

The respondents sought eviction of petitioners from cultivated land based on encroachment notices. Disputing the service of notice challenging the eviction, the Court treated the impugned notice as a show-cause notice and directed the Gram Panchayat to provide an opportunity of hearing before taking coercive steps.

What did the court decide?

Petitioners granted two weeks to file objections; respondents directed to treat the notice as show-cause and pass reasoned orders after hearing.

Koppula Natha Neyulu Vs the State of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.3703 of 2023

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ORDER:

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The petitioners claim ownership on various extents of land in Sy.No.60 of Dadavalli Village, Dwaraka Tirumala Mandal, Eluru District on the ground that the said land has been under the occupation of their families, since the time of their ancestors and various requests had already been made to the respondent authorities for grant of pattas to the lands being cultivated by them.

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The petitioners have now approached this Court by way of the present Writ Petition being aggrieved by the impugned notices dated 31.01.2023 issued by the 6^th respondent against the petitioners for evicting them from the said land. The petitioners contend that the said notices are in clear violation of the requirements of G.O.Ms.No.188, Panchayat Raj & Rural Development (Pts.IV) Department, dated 21.07.2011, which requires the authority to issue preliminary show-cause notices and to pass orders only after giving the affected persons, an opportunity of hearing.

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Sri N. Srihari, learned Standing Counsel for the 6^th respondent-Gram Panchayat submits that the Gram Panchayat had got a survey conducted by the Revenue Authorities to ascertain the encroachments of land belonging to the Gram Panchayat. On the basis of the said report, the Gram Panchayat had earlier issued notices dated 24.11.2022, to the petitioners, under G.O.Ms.No.188, dated 21.07.2011. As there was no response to these notices, the final order dated 31.01.2023 came to be passed.

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Sri Kambhampati Ramesh Babu, learned counsel for the petitioners disputes these contentions and submits that no notices dated 24.11.2022 were not received by the petitioners.

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This Court, with a view to obviate the dispute as to service of notices, deems it appropriate to dispose of this Writ Petition with a direction to the respondents to consider the notices dated 31.01.2023 as a show-cause notice. The petitioners are at liberty to respond to the said show-notices by setting out their objections to the same. The petitioners

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are granted two weeks of time from today, for filing their objections.

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Needless to say, the respondent-Gram Panchayat shall pass orders containing reasons on the objections that may be filed by the petitioners after giving them an opportunity of hearing. In the event, the petitioners do not file their replies within the aforesaid two weeks, it would be open to the respondent-Gram Panchayat to pass a fresh order after the lapse of the said two weeks. The respondent-Gram Panchayat shall not take any coercive steps against the petitioners, until orders are passed by the Gram Panchayat.

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Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if

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any, shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J.

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20.02.2023

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Note:-

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Issue C.C by 21.02.2023. B/o BSM.

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.3703 of 2023

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20.02.2023

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Note:- Issue C.C by 21.02.2023. B/o BSM.

Koppula Natha Neyulu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Koppula Natha Neyulu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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