This order handled a writ petition challenging an eviction notice for land acquisition for a bridge. The court stayed coercive eviction steps and granted liberty to treat the notice as a show cause notice.
No coercive steps for eviction and liberty to file objections treating the notice as show cause notice within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO
WRIT PETITION No.20419 of 2015
ORDER:
Heard the learned counsel for petitioners and the learned Government Pleader for Revenue for respondents.
The petitioners claim to be in occupation of small extents of land on the right side of Rivus Canal Bed since decades and carrying on the business. They are having electricity service connection and paying taxes to the concerned authority. While so, the fifth respondent proposed to lay inner ring road bridge through the lands of the petitioners and identified 131 houses in Ramavarappadu Village of Vijayawada Town. The petitioners submitted representation on 28.05.2015 followed by another representation on 01.06.2015. However, they received a notice from the third respondent on 22.05.2015 asking them to vacate the premises within 15 days. Challenging the said notice dated 22.05.2015, the petitioners filed the present Writ Petition.
In view of the claim of the petitioners that they have been in occupation of the land claimed by the third respondent for several decades, it is necessary to hear them before passing a final order of eviction.
In the circumstances, the Writ Petition is disposed of giving liberty to the petitioners to file their objections treating the impugned notice dated 22.05.2015 as a show cause notice within one week from the date of receipt of a copy of this order and the third respondent is directed to consider the same and pass appropriate orders within fifteen days thereafter. Till such time, no coercive steps for eviction of the petitioners shall be taken by the third respondent.
The Writ Petition is, accordingly, disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall
stand closed.
________________________________ (A.RAMALINGESWARA RAO, J)
06.07.2015 vs
1 issue framed by the court
Whether to grant liberty to file objections to eviction notice treating it as a show cause notice before passing a final order of eviction.
Petitioners
Governmet Pleader for Revenue
A.Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
