THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4855 of 2003 Dated:19.11.2010 Between: P.Madhusudhan Rao. ….Petitioner And The District Collector, Karimnagar, Karimnagar Distict, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4855 of 2003 ORDER: The petitioner filed the instant writ petition challenging the notice dated 08.03.2003 issued under Section 7 of the of the Andhra Pradesh Land Encroachment Act, 1905. The case of the petitioner is as follows. The land admeasuring Ac.1.13 guntas in Survey No.1263 situated at Karimnagar is a Government Shikam land, which was allotted to third respondent vide G.O.Ms.No.1011, dated 12.03.1980, for Rs.1,000/- per gunta. The members of the third respondent did not utilize the land. The second respondent, therefore, initiated action for cancellation of the allotment. After issuing notice, the Mandal Revenue Officer passed orders and took possession of the land on 03.12.1993. It appears, the petitioner purchased an extent of 363 square yards in Survey No.1264 from Smt.Jilla Swatantra under registered sale deed dated 16.06.1990. He contends that his land is nothing to do with the land in Survey No.1263, which was taken over possession under panchanama. But, the second respondent issued the impugned notice alleging that the petitioner has encroached the Government land in Survey No.1263 to an extent of 47 square yards. Counsel Ms.Rajya Lakshmi, representing Sri P.Naveen Rao, Counsel for the petitioner, submits that during the pendency of the writ petition the third respondent agitated the matter before this Court in W.P.No.20721 of 1993. Along with twenty one others, the third respondent also filed W.P.No.444 of 1995. This Court passed orders on 11.10.2002 directing the revenue Officials to redeliver the land to the third respondent. To that effect, averments are also made in paragraph No.4 of the affidavit. The Counsel has placed before this Court a Xerox copy of the order in W.P.Nos.20721 of 1993 and 444 of 1995. This Court disposed of those writ petitions in the following manner. After hearing both sides and considering the history of this case, the members of the petitioner-society, who have been starving for allotment of piece of land for the purpose of residential house from the year 1979, were made to face all sorts of hurdles by the authorities in canceling the original assignments granted in their favour. Learned counsel for the petitioner submits that on 03.12.1993 the respondent authorities took possession of the land in question, which was subsequently allotted/assigned to Zilla Parishad, and thereafter canceling the said allotment/assignment, the land in question was allotted to police department and requested to issue direction to the respondent authorities to redeliver the land in question to the petitioner-society. In fact though that was not the relief sought for in the present writ petitions, however, in view of the checkered history of the case and considering the submission made by the learned Government Pleader for Assignments that the assignments made in favour of Zilla Parishad and later in favour of Police Department in respect of the land in question have already been cancelled, the respondent authorities are directed to redeliver the land in question to the petitioner- society forthwith and also direct not to interfere with the construction by the members of the petitioner-society as per the building permissions obtained by them. In view of the order of this Court referred to hereinabove, the plea of the respondents that there is encroachment in Survey No.1263 may not be sustainable. Therefore, the writ petition is disposed of giving liberty to the petitioner to approach the second respondent and place a copy of the order of this Court dated 11.10.2002 and request for withdrawal of the impugned notice. As and when such application is made, the second respondent shall pass appropriate orders within a period of four weeks after receipt of such application. The Writ Petition is accordingly disposed of. There shall be no order as to costs. __________________ (V.V.S.RAO, J) 19.11.2010 vs