ORDER:

Heard the learned counsel for the petitioners and the learned Standing Counsel for the 2nd respondent.

2. Sri S.S Kumar, the learned counsel submits that, the complainant in the impugned notice, dated 06.06.2023 filed a caveat. But, the same is not registered.

3. This Writ Petition is filed questioning the notice issued by the 2nd respondent U/Sec.401, 405 and 406 of HMC Act, 1955, dated 06.06.2023.

4. The learned counsel for the petitioners submits that, according to the petitioners, there is an existing Temple in an extent of 40 Ankanams, out of Ac.6.47 cents in Sy.No.132 of Vaddepalem Village, Nellore City. While so, the complainant’s mother, in order to remove the said Temple and enjoyment of the petitioners over the said land, filed suit in O.S.No.29 of 2015 on the file of Principal Senior Civil Judge, Nellore, against the petitioners arraying them as the defendants in the said suit and the same was dismissed on merits vide judgment, dated 24.02.2023. No further appeal is preferred against the said judgment. Having failed to secure any favourable relief by the said complainant, she lodged a complaint before the 2nd respondent with false averments, as if the petitioners occupied the entire public street preventing ingress and egress to the house of the complainant, who is none other than the daughter of the plaintiff in the above said suit. Without verifying the facts, the 2nd respondent issued the impugned notice U/Sec.401, 405 and 406 of HMC Act, 1955, dated 06.06.2023 calling for explanation and removal of the said encroachment within 15 days by the petitioners herein. Aggrieved by the same, this Writ Petition is filed.

5. On the other hand, the learned Standing Counsel appearing for the 2nd respondent submits that, the impugned proceedings are only in the form of notice issued U/Sec.401, 405 and 406 of HMC Act, 1955, for which the petitioners can give or can submit explanation and they can participate in the enquiry as well. In reply, the learned counsel for the petitioners submits that, the petitioners have already submitted their explanation, dated 09.06.2023, which is pending before the said authority.

6. In view of the above said facts and circumstances, the 2nd respondent is directed to consider and dispose of the representation of the petitioners, dated 09.06.2023 by proceeding with the impugned notice U/Sec.401, 405 and 406 of HMC Act, 1955, dated 06.06.2023 by hearing all the parties concerned, including the complainant and the petitioners and all otherS concerned. After verification of the records and the subject land, appropriate decision shall be taken by the 2nd respondent, on completion of enquiry, pursuant to the above said impugned notice, dated 06.06.2023 strictly in accordance with law, within a period of three (03) months from the date of receipt of this order. Pending enquiry only there shall not be any coercive steps. This order shall be subject to outcome of the merits of the enquiry before the 2nd respondent.

Accordingly, the Writ Petition is disposed of. No costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ JUSTICE B KRISHNA MOHAN

16.06.2023 KMS THE HON’BLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION No. 14028 OF 2023

16.06.2023 KMS