Telangana High Court
WP/40343/2012 of Swarnakshara Education Consultance (India) Pvt Ltd Vs The Government of Andhra Pradesh, on 31 December 2012
R. SUBHASH REDDY Writ Petition No.40343 of 2012 Date: December 31, 2012 Between: Swarnakshara Education Consultancy Pvt. Ltd. … Petitioner And The Govt. of A.P., Revenue Dept., Rep. by its Principal Secretary, Secretariat Buildings, Hyderabad and others … Respondents Order:
HON’BLE SRI JUSTICE R. SUBHASH REDDY
Writ Petition No.40343 of 2012
Date: December 31, 2012
Between:
Swarnakshara Education ConsultancyPvt. Ltd.
… Petitioner
And
The Govt. of A.P., Revenue Dept.,Rep. by its Principal Secretary,Secretariat Buildings, Hyderabadand others … Respondents
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Order:
Heard learned counsel for the petitioner and learnedGovernment Pleader for Revenue.
Petitioner has questioned notice dated 22.12.2012issued under Section 6 of the A.P. Land EncroachmentAct, 1905 (for short ‘the Act’) by the 4[th] respondent-Tahsildar, ordering its eviction from the land admeasuringAc.0.8 guntas in Sy.No.5235/A, 524 and 526U situated atBorgaon village, Makloor Mandal, on the ground that ithas encroached upon Nizam Sagar Project Canal land of Distributory No.68.
It is the case of the petitioner that it is the owner andpossessor of land admeasuring Ac.0.21 guntas inSy.No.5235/A, 524 and 526U situated at Borgaon village,Makloor Mandal, Nizamabad District having purchasedthe same by way of registered sale deed and thereafter,by obtaining permission, it has been running a school. Itis the grievance of the petitioner that in spite of filing validexplanation, eviction is ordered without assigning anyvalid reasons.
Under the Scheme of the Act, against the order ofeviction passed by the Tahsildar, there is a remedy ofappeal to the Revenue Divisional Officer. It appears,questioning the order of eviction passed by the 4[th]respondent-Tahsildar, petitioner has filed an appealbefore the 3[rd] respondent-Revenue Divisional Officer.
In view of pendency of the appeal, it is not desirableto record any finding on the merits on the claim of thepetitioner. However, it is to be noticed that petitioner isclaiming ownership of the land in question throughregistered sale deed and it is stated that it has establisheda school and is in possession of the same from the lastseveral years.
Under the Scheme of the Act, as a substantiveremedy of appeal is available to the persons aggrieved, I
deem it appropriate to dispose of the writ petition directing the 3[rd] respondent-RDO to pass appropriate orders in theappeal filed by the petitioner as expeditiously as possible,preferably within three months from the date of receipt ofthis order after affording opportunity of hearing to thepetitioner. Further, there shall be a direction to therespondents not to take steps for eviction of the petitionerfrom the land in question till appropriate orders are passedin the appeal and communicated to the petitioner.
Writ Petition is accordingly disposed of.
Consequently, WPMP No.51182 of 2012 stands disposedof. No order as to costs.
December 31, 2012Note: C.C. by 02.01.2013B.O.MRR
_____________________
R. SUBHASH REDDY, J