Single judge disposed of a Writ Petition challenging a show-cause notice under the Telangana Land Encroachment Act, 1905.
Petitioner allowed to submit explanation by 5 pm on 06.3.2019 for the Tahsildar to consider on merits.
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.
HONOURABLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.4403 of 2019
ORDER:
Challenge in this Writ Petition is to the notice dated 26.02.2019 issued by the Tahsildar, Bellampally Mandal, Mancherial District, under Section 7 of the Telangana Land Encroachment Act, 1905 (for brevity, ‘the Act of 1905’).
The impugned notice is in the nature of a show-cause notice. It is not the case of the petitioner that the Tahsildar has no jurisdiction or authority to issue such a notice in the scheme of the Act of 1905.
This Court would not entertain a Writ Petition against a showcause notice except on limited grounds and no such grounds are made out in the case on hand.
It is therefore open to the petitioner to submit her explanation to the aforestated show-cause notice dated 26.02.2019. However, as it is stated that the time stipulated in the impugned show-cause notice to submit an explanation would expire today, the petitioner is permitted to submit her explanation by 5 pm on 06.3.2019. In the event such an explanation is submitted, the Tahsildar, Bellampally Mandal, Mancherial District, shall consider the same on its own merits and in accordance with law and take appropriate action in the matter.
The Writ Petition is accordingly disposed of.
SK, J WP.No.4403 of 2019 Dt:05.3.2019
2
Pending Miscellaneous Petitions, if any, shall stand closed in
the light of this final order. No order as to costs.
________________________ JUSTICE SANJAY KUMAR
05th March, 2019 dr
3 issues framed by the court
Whether this Court can entertain a Writ Petition challenging a notice issued under Section 7 of the Telangana Land Encroachment Act, 1905
What the extension period is for submitting explanation to the impugned show-cause notice
Whether the Tahsildar has jurisdiction to issue the notice under theAct of 1905
1 provisions across 1 enactments
Petitioner
Tahsildar, Bellampally Mandal, Mancherial District
SANJAY KUMAR
As recorded by the court registry
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