Decided on May 26,2023

Thummalapalli Kannamba Appellant
Estate Officer And Addl Divisional Railay Respondents


- (1.)Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents.
(2.)This Writ Petition is filed questioning the proceedings of the 1st respondent, dtd. 17/5/2023 issued in the Form of Notice under Sub-sec. (2) of sec. 5 of the Public Premises of Unauthorized Occupants Amendment Act, 1980 and as per Sub-sec. (1) of the Sec. 5 of the said Act in respect of the each petitioners served individually.
(3.)The learned counsel for the petitioners submits that, the petitioners are the absolute owners and possessors of their respective houses in an extent of 100 Sq.yards to 150 Sq.yards as the case may be detailed as under in the table:

Situated as per the schedule shown in the individual impugned notices of the 1st respondent, dtd. 17/5/2023. Initially the 1st respondent issued notice, dtd. 25/8/1990 to the predecessors in the title of the petitioners. They challenged the same in W.P.No.16174 of 1990 before the erstwhile High Court of Andhra Pradesh and it was disposed of directing them to prefer an appeal before the learned District Judge, Eluru. All the cases were clubbed together in AS.No.98 of 1991 and the then notice issued by the 1st respondent was set aside directing the appellants therein to submit their evidence on or before 10/8/1997, failing which the 1st respondent was given liberty to pass appropriate orders. Consequently, the 1st respondent issued eviction notice in Form-A, after long lapse of time to the petitioners and the same was challenged in W.P.No.22942 of 2014 before the then common High Court at Hyderabad. After the bifurcation of the Hon 'ble High Court it was listed on 24/4/2023 and the leave was granted to the respondents to file the counter. The matter was listed on 24/4/2023 under the caption for dismissal and it was dismissed for default due to non representation for the petitioners. Thereafter, the 1st respondent issued the fresh notice, dtd. 17/5/2023 in respect of each petitioner which are assailed in common in this Writ Petition. By virtue of the said impugned proceedings of the 1st respondent dtd. 17/5/2023, the petitioners are directed to vacate the premises by 23/5/2023 and the 1st respondent came along with the Railway Police Force to visit the houses of the petitioners for their demolition on 24/5/2023 also.


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