Telangana High Court
WP/40672/2014 of Suram Pitchi Reddy Vs The State of Andhra Pradesh on 30 December 2014
SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO. 40672 OF 2014 ORDER: The petitioners have approached this Court based upon the notice issued by the Tahsildar-cum-Mandal Revenue Officer under Section 7 of the A.P. Land Encroachment Act, 1905. The petitioners are required to show cause
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAOWRIT PETITION NO. 40672 OF 2014
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ORDER:
The petitioners have approached this Court based upon thenotice issued by the Tahsildar-cum-Mandal Revenue Officer underSection 7 of the A.P. Land Encroachment Act, 1905. The petitionersare required to show cause and also produce the necessary materialin support of their claim to demonstrate that they have not encroachedthe government land and after conducting the necessary enquiry thereinto, final orders have got to be passed by the Tahsildar under Section6 of the Act. Only after he passes such an order, the appeal thereagainst would lie under Section 10 of the Act and further the time spanof 60 days is provided for preferring such an appeal.
Therefore, the Tahsildar also shall not act upon any final ordersthat he might pass under Section 6 immediately. He has to necessarilyprovide reasonable period of time to prefer an appeal to the AppellateAuthority under Section 10 and thereafter only if there is no orderpassed or if the Appellate Authority has not been approached, he canact.
Therefore, preserving the liberty to the petitioners to approachthe Mandal Revenue Officer-cum-Tashildar by filing an appropriateexplanation enclosing thereto the necessary material in theirpossession, the writ petition stands disposed of.
Consequently, miscellaneous applications if any shall standclosed. No costs.
30[th] December, 2014
sp
________________________________NOOTY RAMAMOHANA RAO, J