TILOR DADA KHALANDAR vs THE State of Andhra Pradesh

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION No.3531 of 2023 Tailor Dada Khalandar, S/o.

Tailor Khaja Mohiddin, aged about 68 years, H.No.13-1, Khagazwadi, Adoni, Kurnool District. ….

Petitioner Versus The State of Andhra Pradesh, rep.

By its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi and 6 others. ….Respondents ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondent Nos.1 to 4.

2.

This writ petition is filed questioning the notice issued by the 4th respondent dated 28.01.2023 calling the petitioner to given an explanation on the representation given by the respondent Nos.5 to 7 herein.

3.

The learned counsel for the petitioner submits that the Form- 1B, Adangal dated 05.02.2023 discloses the name of the petitioner as pattadhar for an exent of Acers 1.83 cents and Acers 2.75 cents in Survey Nos.650-D and 648-D 2 respectively of Mandagiri Village Gram Panchayat, Adoni Mandal, Kurnool District.

Similarly, the Pahani copy dated 08.02.2023 discloses the name of the petitioner as pattadar for an extent of Acers 1.83 cents in Survey No.650-D of the said village.

Similarly, the Pahani copy issued dated 08.02.2023 discloses the name of the petitioner as pattadhar for an extent of Acers 2.75 cents in Survey No.648-D of the said village.

But, the unofficial respondents without impleading the petitioner, filed the writ petition earlier in W.P.No.4009 of 2021, which was disposed at the admission stage vide order dated 19.02.2021, wherein, the petitioners were granted liberty to avail the remedies under law against the action of the 4th respondent therein with respect to the inclusion of the names of some third parties as alleged by the petitioners therein in the said writ petition and the petitioners therein were given time to avail the remedy within four weeks and the said authority therein was directed to dispose o dispose of the same by passing an appropriate order within six weeks thereafter.

4.

The learned counsel for the petitioner further submits that to avail the remedy as directed by this Hon’ble Court dated 19.02.2021, the unofficial respondents approached the 3 4th respondent on 18.01.2023, and the 4th respondent issued the impugned notice dated 28.01.2023 on the petitioner herein calling for explanation within seven days.

Though the petitioner submitted the explanation on 01.02.2023 raising various grounds including the jurisdiction of the 4th respondent and the purport of the order passed by the Hon’ble High Court in W.P.No.4009 of 2021 dated 19.02.2021, the same is not disposed off by the 4th respondent.

5.

On the other hand, the learned Assistant Government Pleader for Revenue submits that since the petitioner submitted the explanation to the impugned notice of the 4th respondent dated 28.01.2023, the same would be dealt with by the said authority by following the due procedure.

6.

In view of the above said facts and circumstances, the 4th respondent is directed to consider the explanation given by the petitioner dated 01.02.2023 pursuant to the impugned notice dated 28.01.2023.

After hearing the petitioner and the unofficial respondents by giving due opportunity appropriate decision shall be given on merits strictly in accordance with 4 law as expeditiously as possible preferably within a period of two (02) months from the date of receipt of this order.

7.

All the objections raised by the petitioner shall be taken into consideration by the 4th respondent before taking a final decision on it.

8.

Accordingly, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _______________________________ JUSTICE B KRISHNA MOHAN 14.02.2023 PGT