THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.28643 of 2025

ORAL ORDER:

Heard learned counsel for the petitioners, Mr.L.Ravinder, learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Home.

2. Petitioner No.1 is the owner of land admeasuring Ac.3.02 guntas in Sy.Nos.352, 353, 249/ఆ, 351/అ, 219/అ/1 and 351/ఆ, situated at Banjapally Village, Nizamsagar Mandal, Kamareddy District. In proof of the same, she has filed copies of latest pattadar passbook and title deed. Petitioner No.2 is her son. They are in possession of the subject property. There is a standing crop of paddy in the subject property.

3. Respondent No.4 has issued notice dated 25.08.2025 to the petitioners herein stating that people of Sultan Nagar Village lodged a complaint dated 06.05.2025 stating that petitioners have encroached Ac.0.02 guntas of land, out of total extent Acs.3.06 guntas in Sy.No.354 Erukala Vani kunta shikham and erected grass fencing illegally. Therefore, respondent No.4 directed the petitioners to remove the same on or before 30.08.2025, failing which he will take action against the petitioners herein. Petitioner No.2 has submitted explanation dated 29.08.2025 to respondent No.4 pursuant to notice dated 25.08.2025. Respondent No.4 has not considered the same. He has issued second notice dated 12.09.2025 stating that petitioners have not submitted explanation to the notice dated 25.08.2025 and did not remove the said grass fencing as directed by respondent No.4 vide notice dated 25.08.2025. Respondent No.4 directed the petitioners to remove the grass fence illegally erected on the Government Shikham land vide notice dated 25.08.2025. Challenging the said notice dated

12.09.2025 petitioners filed the present Writ Petition.

4. Perusal of the aforesaid notices dated 12.09.2025 and 25.08.2025 would reveal that respondent No.4 has directed the petitioners to remove the grass fencing and he came to a conclusion that petitioners have encroached Ac.0.02 guntas of Government shikham land. Respondent No.4 did not put the petitioners on notice and afford them an opportunity. There is no consideration of explanation dated 29.08.2025 submitted by the petitioners to respondent No.4.

5. In the light of the same, second notice dated 12.09.2025 issued by respondent No.4 is hereby set aside. Respondent No.4 is directed to consider the explanation dated 29.08.2025 submitted by the petitioners and pass appropriate orders strictly in accordance with law by putting the petitioners and all interested parties on notice and affording them an opportunity. He shall complete the said exercise within a period of one (1) week from the date of receipt of a copy of this order. Till then, respondent Nos.4 and 5 are directed not to take any action against the petitioners pursuant to notice dated 25.08.2025.

6. With the aforesaid directions, this Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_____________________

K. LAKSHMAN, J

22^nd September, 2025.

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