Writ petition filed against tahsildar for inaction regarding encroachment notice. Court directed respondent to issue final notice and complete enquiry within two months.
Directed respondent to issue final notice and complete enquiry within two months.
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THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.40482 OF 2015
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
The grievance of the petitioner is that in spite of making two representations, dated 07.02.2013 and 10.10.2014, to the Tahsildar, Mandamarri Mandal, Adilabad District, the
1st respondent, so far no orders are passed by him. The petitioner himself has filed the copy of the notice issued by the
1st respondent in File No.A/1440/2013, dated 28.09.2013, giving notice to the petitioner as well as the private party respondents against whom the petitioner seeks relief. However, the said enquiry was not completed. Hence, the petitioner filed the present Writ Petition alleging inaction on the part of the 1st respondent.
Learned Government Pleader for Revenue, on instructions, submits that though the 1st respondent issued notices to the parties, the party respondents have not attended the office and therefore the case was adjourned more than once.
Since the 1st respondent cannot indefinitely wait for the appearance of the private party respondents, the 1st respondent is directed to issue one final notice to all the parties fixing the date of enquiry and on that day, if the private party respondents appear, he shall hear them and consider their respective cases and pass appropriate orders expeditiously and in any case within a period of two months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. There shall be no
order as to costs.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
____________________________ VILAS V.AFZULPURKAR, J 05.01.2016 KH
1 provisions across 1 enactments
PETITIONER
TAHSILDAR, MANDAMARRI MANDAL, ADILABAD DISTRICT
VILAS V.AFZULPURKAR
As recorded by the court registry
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