Telangana High Court
WP/39459/2012 of Velishala Dhana Lakshmi. Vs The Government of Andhra Pradesh on 28 December 2012
RAMESH RANGANATHAN WRIT PETITION No.39459 of 2012 ORDER: Learned Government for Revenue (Telangana Area), on instructions, submits that the subject lands were acquired as early as in the year 1969 for the purposes of Nagarjunasagar Project Left Canal; and compensation was also paid to the
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Conclusion
HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WRIT PETITION No.39459 of 2012
ORDER:
Learned Government for Revenue (Telangana Area), oninstructions, submits that the subject lands were acquired as earlyas in the year 1969 for the purposes of Nagarjunasagar ProjectLeft Canal; and compensation was also paid to the petitioner. Hefurther submits that the petitioner has, thereafter, encroached onthe subject lands which stood vested in the Government, andaction was therefore initiated by way of a notice under Section 7 ofthe A.P. Land Encroachment Act, 1905 (for short ‘the Act’); andthereafter, an order under Section 6 of the Act was passed on03.12.2012.
Section 10 of the Act confers a statutory right of appealagainst an order passed by the Tahsildar under Section 6 of theAct. Since the petitioner still has time to prefer an appeal, I see noreason to entertain the Writ Petition, more so, as Section 10(2) ofthe Act also enables the appellate authority to suspend the orderpassed by the Tahsildar under Section 6 of the Act. Leaving itopen to the petitioner to prefer an appeal, the Writ Petition isdismissed. Since the petitioner is now being relegated to thestatutory remedy of an appeal, I consider it appropriate to directthe respondents not to take any coercive action for eviction of thepetitioner till 15.01.2013. The respondents are free to take action,in accordance with law, thereafter. The Miscellaneous Petitions, ifany, pending in this Writ Petition also shall stand dismissed.
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JUSTICE RAMESH RANGANATHAN
28[th] December 2012Note:Issue CC today.B/odr