Andhra Pradesh High Court - Amravati
Syed Ismail vs The State Of Andhra Pradesh on 1 September, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.14381 of 2020
ORDER:(Heard and pronounced through Blue Jeans App (Virtual) mode, since this mode is adopted on account of prevalence of COVID-19 pandemic.) Heard Sri Goddindla Uday Prakash Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 3 and Sri I.Koti Reddy, learned Standing Counsel for respondent No.4 and with their consent, this Writ Petition is disposed of at the admission stage.
The present Writ Petition is filed, inter alia, seeking a writ of Mandamus to declare the action of the respondents in trying to dispossess the petitioners under the guise of proceedings dated 27.02.2020 issued by respondent No.3 under Section 7 of Andhra Pradesh Land Encroachment Act, 1905, in respect of land admeasuring Ac.1.00 cents and Ac.0.50 cents in R.S.No.443-3 of Guduru Village and Mandal, Krishna District, without passing final order in pursuance of proceedings dated 27.02.2020 as illegal and without jurisdiction etc., and consequently to set aside the proceedings dated 27.02.2020.
The petitioners claims that they are eking out their livelihood by doing agriculture and coolie works and they are the absolute owners and possessors of the above mentioned agricultural lands in R.S.No.443-3 of Guduru Village, while so, the respondent No.3 without any jurisdiction issued notices under Section 7 of Andhra Pradesh Land Encroachment Act, 1905 requiring the petitioners to show cause as to why the petitioners shall not be evicted from the lands mentioned in the said notices. 2
Learned counsel for the petitioners submits that the said notices issued by the 3rd respondent, are without jurisdiction in as much as the lands in question are Gramakantam lands. He further submits that the 3rd respondent has no jurisdiction with regard to Gramakantam lands and places reliance on the Judgments in W.P.No.1675 of 2020 dated 30.01.2020 and W.P.No.11598 of 2020, dated 16.07.2020.
As seen from the notice dated 27.02.2020, the lands in R.S.No.443- 3 of Guduru Village are described as Gramakantam lands. Therefore, such Gramakantam is deemed to have been vested in the Gram Panchayat on its constitution in terms of Section 53 of A.P Panchayat Raj Act and it is for the Gram Panchayat to take any action in respect of the said land.
Be that as it may, it is represented that the issue is covered by the orders passed in Writ Petition No.1675 of 2020 dated 30.01.2020 and W.P.No.11598 of 2020, dated 16.07.2020, and the present writ petition can be disposed of in terms of the said orders. In the said writ petitions, while dealing with proceedings under the A.P. Land Encroachment Act, this Court, set aside the proceedings initiated under the said Act by the Tahsildar and left it open to the Gram Panchayat to take appropriate steps. In the present case, the revenue records would reveal that the land in question is classified as Gramakantam and therefore 3rd respondent has no authority or jurisdiction in respect of the same.
In view of the law laid down by the erstwhile Common High Court in Sagadapu Vijaya v. State of Andhra Pradesh1 and also in terms of the orders in the writ petitions referred to above, the impugned notice 1 2015 (4) ALD 88 3 dated 27.02.2020 is liable to be set aside, as the 3rd respondent has no jurisdiction to take steps to evict the petitioners from the lands in question.
In the result, the Writ Petition is allowed and the notice dated 27.02.2020 issued by 3rd respondent is set aside. However, it is open to the concerned Gram Panchayat to take appropriate steps, if required, in respect of the lands in question. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
______________________ NINALA JAYASURYA, J.
Date: 01.09.2020 AKC Note:
Registry is directed to attach a copy of the order in W.P.No.1675 of 2020 dated 30.01.2020.4
HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.14381 of 2020 Date: 01.09.2020 AKC