A party must exhaust all available remedies before approaching the court.

ORDER:

Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. The Writ Petition is being disposed of, at the stage of admission, with the consent of both the counsel.

2. The present Writ Petition is filed seeking to declare the action of the 4th respondent in issuing Notice under Section 7 of the A.P. Land Encroachment Act, 1905 to the petitioner, as illegal, arbitrary etc., and for a consequential direction to the respondents not to take further steps in the matter.

3. The learned counsel for petitioner, inter alia, submits that earlier a notice was issued to the petitioner under the provisions of the Madras Land Encroachment Act and challenging the same a Writ Petition was filed vide W.P.No.6631 of 2022. He submits that the said Writ Petition was disposed of by an order dated 21.03.2022, by setting aside the notice impugned therein and the respondents were granted liberty to issue fresh notice under proper acknowledgment and to follow due process of Law. The learned counsel submits that the respondents issued the notice impugned in the present Writ Petition without considering the material submitted by the petitioner pursuant to the earlier notice. He also submits that to the notice impugned in the present Writ Petition, the petitioner has not yet filed his reply/objections.

4. The learned Assistant Government Pleader for Revenue on the other hand submits that the Writ Petition is not maintainable as the petitioner had challenged the notice without filing any objections/reply to the notice impugned in the present Writ Petition and the same is misconceived.

5. This Court has considered the submissions made and perused the material on record, including the order passed by this Court in W.P.No.6631 of 2022 dated 21.03.2022. It is obvious that pursuant to the said order, the respondents have issued the notice impugned in the present Writ Petition. The petitioner, in the considered opinion of this Court ought to have filed his objections/reply afresh along with the relevant material, as the earlier notice issued under the provisions of Madras Land Encroachment Act, was set aside by this Court. However, the learned counsel for the petitioner submits that appropriate objections/reply would be filed, within a period of three (3) weeks and after filing of the same, the 4th respondent may be directed to consider the said objections/reply before passing any order.

6. Considering the submissions made, this Court deems it appropriate to dispose of the Writ Petition, granting liberty to the petitioner to file objections/explanation to the notice dated 11.11.2022, within a period of three (3) weeks from today and on receipt of the same, the 4th respondent shall pass appropriate orders, in accordance with Law, after giving due opportunity of hearing to the petitioner. Till passing appropriate orders as directed above, status quo with regard to the subject matter property shall be maintained in all respects.

7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed.

___________________________ JUSTICE NINALA JAYASURYA Date: 02.01.2023 Note: Issue CC by one (1) week (B/o)

IS THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO.42602 of 2022 Date: 02.01.2023 Note: Issue CC by one (1) week (B/o)

IS