Telangana High Court
WP/25698/2007 of KATRAGADDA LALITHAMMA PRAKASAM DIST AND25 OTHERS Vs STATE OF A.P HYD AND 3 OTHERS on 24 December 2007
SRI JUSTICE V. ESWARAIAH WRIT PETITION No.25698 OF 2007 DATED: 24-12-2007 BETWEEN Katragadda Lalithamma, W/o. Singaiah, R/o. Chavatapalem (V), Ponnaluru (M), Prakasam District and others. …PETITIONERS AND State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue
THE HONOURABLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION No.25698 OF 2007
DATED: 24-12-2007
BETWEEN
Katragadda Lalithamma,W/o. Singaiah,R/o. Chavatapalem (V),Ponnaluru (M),Prakasam District and others.
…PETITIONERS
AND
State of Andhra Pradesh,Rep. by its Principal Secretary toRevenue Department, Secretariat,Saifabad, Hyderabad and three others.
…RESPONDENTS
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ORDER:
Petitioners submit that they have been granted house site pattas in anextent of Ac.0.03 cents each in Sy.No.153/3 of Chavatapalem Village,Ponnaluru Mandal, Prakasam District and they have all erected houses andhousehold cards were also issued in their favour. While so, the Tahsildar,Ponnaluru Mandal issued a show cause notice in Rc.No.D.T./235/07 dated30.10.2007 calling upon the petitioners to submit explanations within 7 daysas to why their house site pattas shall not be cancelled on the ground that thepetitioners have failed to construct houses within the stipulated time as perthe terms and conditions of the house site patta.
2. Petitioners further submit that they have submitted a joint explanationto the said show cause notice on 13.11.2007 stating that they have erectedtemporary houses and sometimes when they do not have work they go insearch of work leaving their houses to eke out their livelihood and accordingly requested not to cancel the house site pattas and permit them tocontinue to reside in the said houses.
They further submit that with a view to allot the house sites under theIndiramma Scheme they are sought to be evicted without any justification.
3. Learned Government Pleader submits that pursuant to the showcause notice the petitioners filed explanation but no final orders have beenpassed so far.
4. If that be so, I am of the opinion that until final orders are passed by thefourth respondent, the petitioners cannot be dispossessed pursuant to theshow cause notice dated 30.10.2007 in Rc.No.D.T/235/07.
5. Having regard to the facts and circumstances of the case, the fourth respondent is directed to consider and dispose the explanation ofthe petitioners dated 13.11.2007 pursuant to the show cause notice dated30.10.2007 and till the final orders are passed status quo with regard topossession obtaining as on today shall be maintained.
The writ petition is accordingly disposed of. There shall be no order asto costs.
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V. ESWARAIAH, J