This order grants the petitioner liberty to submit an explanation to the show-cause notice under Section 7 of the Land Encroachment Act. Pending such submission, the court restrains respondents from interfering with the petitioner's possession.
Liberty to submit explanation by 12.03.2012; restrained from interfering with possession.
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THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.5322 OF 2012
Dated: 28.02.2012
Between : Y.Ramakrishnam Raju … Petitioner And The District Collector and 2 others
… Respondents
The Court made the following:-
THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.5322 OF 2012
ORDER:
This writ petition is filed seeking a Mandamus declaring the notice dated 01.02.2012 issued by the 3rd respondent- Tahsildar, Nadalur Mandal, is arbitrary and illegal.
Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents.
A perusal of the impugned notice shows that the same was issued under Section 7 of the Land Encroachment Act, 1905 calling upon the petitioner to show cause as to why the petitioner should not be removed from the land in question alleging that he was in unauthorized occupation of the Government land. It is pleaded that though the petitioner submitted his explanation, no order is passed thereon and no enquiry is conducted. Alleging that in the meanwhile the respondents are trying to dispossess the petitioner forcibly, the present writ petition is filed.
As could be seen from the material available on record, no explanation as such was submitted to the impugned notice issued by the 3rd respondent and the petitioner appears to have made a representation to the 1st respondent requesting to grant a patta. However having regard to the specific plea of the petitioner that the 3rd respondent has not yet passed any order pursuant to the impugned show-cause notice, the petitioner is hereby granted liberty to submit his explanation to the impugned show-cause notice on or before 12.03.2012. If any such explanation is submitted within the time stipulated above, the 3rd respondent shall consider the same and pass appropriate orders in accordance with law. Till such time, the respondents shall not interfere with the possession of the petitioner in respect of the land in question.
The Writ Petition is accordingly disposed of. No costs.
G. ROHINI, J Date: 28.02.2012 Ivd
1 issue framed by the court
Whether to dismiss the writ petition challenging the arbitrary nature of the show-cause notice.
2 provisions across 2 enactments
Y.Ramakrishnam Raju
District Collector
Tahsildar, Nadalur Mandal
G. ROHINI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
