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Judgment
Heard Sri Dharani Kumar B, learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader for Revenue, for respondents 1 to 4.
Notice in respect of respondent No. 5 is dispensed with since no adverse order affecting his right or interest has been passed.
Assailing the notice-Ex.P1 issued by respondent No.3 vide Reference No.L4/e-541/2026, dated 11.09.2026 and 26.09.2026 (Ex.P1) under Board Standing Orders 15(18) and G.O.Ms.No.912, revenue Department, dated 02.08.1985, the above writ petition was filed.
Learned counsel for the petitioner would submit that, acting upon the report dated 18.05.2026 alleged to have been submitted by the Revenue Divisional Officer, respondent No.3 issued notices vide Ex.P1. He would submit that the petitioner filed O.S.No.465 of 2013 on the file of the learned II Additional Junior Civil Judge, Chittoor, against the purchasers of respondent No.5 seeking perpetual injunction in respect of the subject property. The suit was decreed on 03.06.2019. The petitioner requested respondent No.3 to furnish a copy of the report, on which much reliance was placed, orally. However, the authority did not furnish the report. Learned counsel would submit that respondent No.3 is proceeding with enquiry pursuant to Ex.P1, without giving prior opportunity to the petitioner.
Learned Assistant Government Pleader, on instructions, would submit that the notice dated 11.09.2026 was issued calling for the petitioner’s explanation. However, the petitioner, without submitting an explanation, filed the above writ petition. Had the petitioner submitted an explanation, respondent No.3 would have considered the same and passed appropriate orders. Regarding the contention of the learned counsel for the petitioner vis-à-vis non-furnishing of report of the Revenue Divisional Officer, learned counsel would submit that if the petitioner makes an application, the authority will consider and pass appropriate orders.
In reply, learned counsel for the petitioner would submit that the petitioner will submit an explanation and also request the authority to furnish the relevant documents.
Given the above submissions and the facts and circumstances of the case, keeping the writ petition pending will not serve any purpose. Hence, the writ petition is disposed of at the admission stage with the consent of learned counsel on either side with the following directions:
a. The petitioner to submit an explanation, by annexing all the documents including the judgment in O.S.No.465 of 2013 within two weeks from today.
b. If the petitioner makes any application to furnish documents, if any, respondent No.3 shall consider the same.
c. Thereafter, the learned respondent No.3 shall provide an opportunity of hearing to the petitioner and pass a reasoned order.
Till a reasoned order is passed, respondents 3 and 4 shall not interfere with an extent of Ac.2-88 cents in Survey No.739/3 (LP No.1707), Nellapalli village, G.D. Nellore Mandal, without following due process of law.
No costs.
As a sequel, miscellaneous petitions, if any, shall stand closed.
