WP/33648/2010 of D. Laxmaiah Vs The Tahsildar on 31 December 2010

HON’BLE SRI JUSTICE R. SUBHASH REDDY

WRIT PETITION No.33648 of 2010

Between :

Date: 31.12.2010

D. Laxmaiah.

…….Petitioner

And

The Tahsildar, Renigunta Mandal, Chittoor District.

….Respondent

HON’BLE SRI JUSTICE R. SUBHASH REDDYWRIT PETITION No.33648 of 2010ORDER:

This writ petition is filed seeking directions by way ofMandamus, declaring the action of respondent in issuingthe proceedings, dated 23.07.2010, and trying todispossess the petitioner from the land admeasuring Ac.1-11 cents covered by Sy.No.71/7, situated at Karakambadivillage of Renigunta Mandal in Chittoor District, withoutconducting any inquiry, as arbitrary and illegal, with aconsequential direction, setting aside the said notice.

On the ground that the assigned land to an extent ofAc.1-11 cents covered by Sy.No.71/7, situated atKarakambadi village of Renigunta Mandal in ChittoorDistrict, was transferred in contravention of the provisionsunder the A.P. Assigned Lands (Prohibition of Transfers)Act, 1977, proceedings were initiated and the petitionerwas issued notice, dated 23.07.2010, in Form-I. It issubmitted that the petitioner has already responded tosuch notice and filed his explanation on 13[th] of August2010. It is the grievance of the petitioner that no finalorders are passed in the matter, and inspite of the same,respondents are trying to evict the petitioner from the landin question.

Although the impugned notice is issued in the nameof the father of the petitioner, even according to the petitioner, he has already responded by filing explanationto the show cause notice, dated 23.07.2010. In that viewof the matter, there appears no reason for taking steps foreviction of petitioner without passing final orders.

In that view of the matter, this writ petition isdisposed of, with a direction to the respondent not to takeany steps for eviction of petitioner from the land inquestion, until final orders are passed, pursuant to thenotice, dated 23.07.2010. However, it is open to therespondent to take further steps in accordance with law,after passing of final orders in the matter.

Subject to the above directions, the writ petition isdisposed of. No order as to costs.

_____________________

R.SUBHASH REDDY, J

31[st] December 2010

N.B:Issue C.C. in one week. (b/o) ajr