Telangana High Court
WP/27920/2007 of Sikandar Ali Khan S/o Late Khursid Ali Khan Vs The State of Andhra Pradesh rep by its Principal on 27 December 2007
SRI JUSTICE V.ESWARAIAH WRIT PETITION No.27920 of 2007 Between: Sikandar Ali Khan. .. PETITIONER and The State of A.P. and another. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.27920 of 2007 ORDER: It is the case of the petitioner that against the notice
Between:
THE HON’BLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION No.27920 of 2007
Sikandar Ali Khan. ..
PETITIONER
and
The State of A.P. and another.
..
RESPONDENTS
THE HON’BLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION No.27920 of 2007
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ORDER:
It is the case of the petitioner that against the notice issued underSection 7 of A.P.Land Encroachment Act, 1905 (for short “the Act”) callingupon the petitioner to submit explanation within seven days, as to why heshall not be evicted from the Government land admeasuring 872 sq. yards inT.S.No.17, Ward No.36, Block No.1, correlated to Sy.No.27/P situated atMasab Tank, Hyderabad, the petitioner filed an explanation on 19-12-2007. It is stated that even before explanation is considered and finalnotice is issued under Section 6 of the Act, the petitioner is sought to bedispossessed from the land in question.
I am of the opinion that without issuing final notice under Section 6 ofthe Act, which is an appealable order under Section 10 of the Act, thepetitioner shall not be dispossessed from the land in question.
Having regard to the facts and circumstances of the case, withoutexpressing any opinion on the merits of the case, the writ petition is disposedof directing the 2[nd] respondent to consider the explanation submitted by thepetitioner, pursuant to the notice issued under Section 7 of Act on 14-12-2007through proceedings No.C/447/2004, and pass appropriate final order underSection 6 of the Act. Till the final notice is issued under Section 6 of the Act,the petitioner shall not be dispossessed from the land in question. Thereshall be no order as to costs.
Note:Issue C.C. in three days (B/o) Prv
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27-12-2007