Telangana High Court
WP/33105/2010 of Kalluri Raghava Vs The District Collector,Guntur District,Guntur on 29 December 2010
R. SUBHASH REDDY WRIT PETITION No.33105 of 2010 Date: 29.12.2010 Between : Kalluri Raghava. …….Petitioner And The District Collector, Guntur District & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.33105 of 2010 ORDER : Heard
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HON’BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.33105 of 2010
Between :
Date: 29.12.2010
Kalluri Raghava.
…….Petitioner
And
The District Collector, Guntur District & others.
….Respondents
HON’BLE SRI JUSTICE R. SUBHASH REDDYWRIT PETITION No.33105 of 2010ORDER:
Heard learned counsel for petitioner and also thelearned Government Pleader appearing for respondents.
In this writ petition, the petitioner has questioned theorder, dated 24[th] of December 2010, passed by the 3[rd]respondent-Tahsildar in Rc.No.287/2010/DT. By theaforesaid order, the petitioner was directed to vacate theencroached portion covered by Sy.No.995/9A1.
Primarily, the aforesaid order is questioned on theground that it is not preceded by any show cause noticeand opportunity to the petitioner. Even assuming that theallegation of respondents is correct, proceedings are to beinitiated under the A.P.Land Encroachment Act, 1905. Aperusal of the impugned notice does not show issuanceof any such notice under the aforesaid Act.
In that view of the matter, the writ petition is allowedand the order, dated 24.12.2010, issued inRc.No.287/2010/DT, is set aside. However, it is madeclear that if there are any encroachments over theproperty in question, this order will not preclude therespondents from taking steps under the A.P.LandEncroachment Act, 1905, for removal of suchencroachments. No order as to costs.
_____________________
R.SUBHASH REDDY, J
29[th] December 2010
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