IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 2012 of 2002 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 1.11.2002 in WP NO : 21935 OF 2002 on the file of the High Court.) Between: Khasim Khan, S/o. Basalath Khan, R/o. Malkaram Village, Shameerpet Mandal, Rangareddy District. ..... APPELLANT AND 1 Union of India, Rep. by its Principal Secretary, Ministry of Defence, North Block, New Delhi. 2 Station Commandar, Secunderad-cum-Estate, Officer under Central Act 10/1971, Secunderabad. 3 Government of Andhra Pradesh, REp. by its Prl Secretary, Revenue Department, Secretariat Buildings, Hyderabad. .....RESPONDENTS Counsel for the Appellant:MR.S.NIRANJAN REDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORAL JUDGMENT: (per the Hon’ble Smt. Justice T.Meena Kumari) Aggrieved by the order dated 01.11.2002 made in WP No.21935 of 2002 by a learned Single Judge of this court dismissing the writ petition, the present Writ Appeal is filed. It is case of the appellant herein that he was allotted an extent of Ac.10.00 in Malkaram village on 9.6.1967 in pursuance of the resolution of Jawahar Nagar Cooperative Land Colonization Society, formed by the Government to ameliorate the sufferings of the Ex- Servicemen of the disbanded Hyderabad Army, from out of the total extent of 5977.3 guntas in different villages. The said land was allotted by the Government of Hyderabad Revenue Department to the Labour Department vide GO Ms. No. 25 dated 23.10.1952, which in turn has allotted the land to the Society for the ex- servicemen. While so, on certain allegations with regard to the large scale irregularities in the allotment of the land by the Society, the third respondent issued GO Ms. No. 17 dated 5.1.1976 to the effect that the land allotted to the Jawahar Nagar Cooperative Society be resumed by the Government and be disposed off by the individual assignments to the ex-servicemen. However, by virtue of the original assignment, the appellant is in possession of the assigned land. While so, the second respondent issued notice dated 24.10.2001 calling upon the appellant to show cause as to why he should not be evicted, which was, however, set aside on challenge by the appellant in W.P. No. 23719 of 2001 dated 24.7.2002. The second respondent, subsequently issued notice dated 23.10.2002 in Form ‘A’ under Sec. 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, which was assailed by the appellant in the above writ petition. The learned Single Judge by order dated 1.11.2002 dismissed the writ petition observing that the appellant can certainly appear before the respondents and may also seek time to furnish reply. Aggrieved thereby the present Writ Appeal is filed. The notice dated 23.10.2002 in Form ‘A’ under Sec. 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is issued by the second respondent calling for the explanation from the appellant on the grounds on which the proposed action of eviction is sought to be initiated. Therefore, the learned Single Judge is right in dismissing the writ petition with a direction to appear before the respondents and request for time, to furnish reply to the notice issued. In consonance of the said finding, we deem it appropriate to extend the time to submit representation/reply as expeditiously as possible. With the said observation, the Writ Appeal is disposed of. No order as to costs. ____________________ Justice T.Meena Kumari __________________ Justice Sanjay Kumar July 2, 2009 MAS.