SYED HAFEEZ Vs. GOVT. OF A.P.

JUDGEMENT

(1.) Notice bearing No.B/615/2013, dated 07.09.2013, of respondent No.3 issued purportedly under Section 23(1) of the Andhra Pradesh Water, Land and Trees Act, 2002 (for short 'the Act') is assailed in this Writ Petition.

(2.) It is the pleaded case of the petitioner that he is in occupation of the premises bearing No.19-5-8/3/A admeasuring 66.6 square yards or 56 square meters in Survey Nos.68 and 69 of Bahadurpura Village and Mandal, having purchased the same under registered sale deed, dated 05.12.1980 from one K.Veeraswamy, who purchased the said property under a Court decree for specific performance of agreement of sale. The petitioner claimed to have obtained permission for construction from the erstwhile Municipal Corporation of Hyderabad, vide permit No.56/93 of 1984, dated 11.07.1984. Respondent No.3 has issued a notice under the Andhra Pradesh Encroachment Act, 1905 on 04.05.2013 for eviction. On 16.05.2013, the petitioner has submitted his reply. The petitioner pleaded that on receiving the reply, respondent No.3 sought for a copy of the judgment and decree, dated 19.10.1976 in O.S.No.1213 of 1976 on the file of the VI Assistant Judge, City Civil Court, Hyderabad and the petitioner has, accordingly, furnished the same and that without passing any order under Section 6 of the Act, respondent No.2 has chosen to issue the impugned notice in purported exercise of his power under Section 23(1) of the Act.

(3.) At the hearing, Sri Ashwani Kumar, learned counsel for the petitioner, submitted that the provisions of Section 23 of the Act have no application to the present case and that had respondent No.3 issued a proper notice, the petitioner would have satisfied him on the above aspect.