Section 6 in Telangana Land Encroachment Act, 1905
6. Liability of person unauthorizedly occupying land to summary eviction, forfeiture of crops, etc.
(1)Any person unauthorizedly occupying any land for which he is liable to pay assessment under section 3 may be summarily evicted [the Collector, Tahsildar or Deputy Tahsildar] [Substituted by Act No.15 of 1968.] and any crop or other product raised on the land shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also, if not removed by him after such written notice as [the Collector, Tahsildar or Deputy Tahsildar] [Substituted by Act No.15 of 1968.] may deem reasonable, be liable to forfeiture. Forfeitures under this section shall be adjudged [the Collector, Tahsildar or Deputy Tahsildar] [Substituted by Act No.15 of 1968.] and any property so forfeited shall be disposed of as [the Collector, Tahsildar or Deputy Tahsildar] [Substituted by Act No.15 of 1968.] may direct.(2)Mode of eviction. - An eviction under this section shall be made in the following manner, namely:- By serving a notice in the manner provided in section 7 on the person reputed to be in occupation or his agent requiring him within such time as [the Collector, Tahsildar or Deputy Tahsildar] [Substituted by Act No.15 of 1968.] may deem reasonable after receipt of the said notice to vacate the land, and, if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any such person shall be resisted or obstructed by any person, the Collector shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction still continues, may issue a warrant for the arrest of the said person and on his appearance commit him to close custody in the office of the Collector or of any Tahsildar or Deputy Tahsildar for such period not exceeding 30 days as may be necessary to prevent the continuance of such obstruction or resistance or may send him with a warrant in the form of the schedule for imprisonment in the civil jail of the district for the like period:Provided that no person so committed or imprisoned under this section shall be liable to be prosecuted under sections 183, 186 or 188 of the Indian Penal Code in respect of the same facts.(3)[ Any person who unauthorisedly re-enters and occupies any land from which he was evicted under this section, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.] [Inserted by Act No.22 of 1978.]
