Andhra Pradesh High Court - Amravati
Nalluri Chakradhar Rao vs State Of Andhra Pradesh on 13 April, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
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8148 OF 2020 it * I c)
WRIT PETITION NO:
Between: ut 60 Years,R/o
ri n"l w3$ &1';' ff 81"?'?i
N arr u c ha kra g
Korumamidi Village ' $,1?o
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...Petitioner
AND
rep ' by \h:'ll::io'l Secretary'Revenue
l The State of Andhra Pradesh' Velagapudi' Amaravatt
(Assignment) oepa'tmJ'ii"ddttJii'ial'
District at Eluru'
2. The District Collector'West Godavari
Mandal' West Godavari District'
3. The Tahsildar, Nidadavolu Town and
" 'ResPondents
PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe pleased to
therewith,. tf,e Hign Court may be
circumstances stated in til".fiiO-.riiiifud
particutariy o,i" in th" nature of writ of
issue an order or airectio"n"or-i,riii, |norl
Mandamus declaring tn"'ioti." i"t"O OOIOf )2020
to oetitioner alone and the same is
served to him on 2ol03/;d;0 sayrng intt the land
in survey No 129 wherein the
petitioner is in occupation-ot e", i.Sd.ents out of Ac. 4.75 cents
at Grama Kantam of
District as arbitrary,
Ammepalti Revenue Vittag;-., ruioaolvotu Jr/landal, west Godavari
ilegal, nu1 and void and ;#in;a;;ims of puUlic policy and principles of natural justice
judgment reported
and violative of Article eoii-"A oi Con"titution of lndia and contrary to
r isa+trlApLJ 219 and consequently to direct the respondent authorities not to evict
the petitioners from the above said lands, in the interest of justice'
IANO:1OF2 20
Petition under Section 151 of CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
respondent authorities not to evict the petitioner from their lands in survey No, 129
wherein the petitioner is in occupation of Ac. 1.50 cents out of Ac. 4.75 cents at Grama
Kantam of Ammepalli Revenue Village, Nidadavolu Mandal, West Godavari District in
pursuance of the notice dated 06.01.2020 to the petitioner alone and the same is served
to him again on 20.03.2020, pending disposal of WP 8148 ol 2020 on the file of the
High Court.
The petition coming on for hearing, upon perusing the Writ Petition and the
affidavit filed in support thereof and upon hearing the arguments of Sri.
VENKATESWARA RAO GUDAPATI, Advocate for the Petitioner, GP FOR REVENUE
(Assignment) for the Respondents and the Court made the following.
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ORDER:
I Heard the learned counsel for petitioner Sri Venkateswara Rao Gudapati. I None appeared for respondents representing the State i.e. Iearned Government Pleader for Revenue.
Post after three weeks.
The main grievance of the petitioner is that he is in possession and enjoyment of the property, the same is evidenced by notice in Roc.No.6't212019/DT dated 06.01.2020 issued under Section 7 of A.P Land Encroachment, Act where under the petitioner is called to submit his explanation to the show cause notice on or before 21.01.2020 by 11:00 AM as to why he should not be evicted from the land in S.No.129 in an extent of Ac.1.50 cents of Ammepalli village which is classified as "Gramakantam". Thus issue of notice itself is sufficient to conclude that the petitioner is in possession and enjoyment of the property. At the same time adangal (Account No.3) for the fasli 1429 disclose that the land is classified as "Poramboke" and the petitioner is in possession and enjoyment of Ac.1.50 cents out of Ac.4.75 cents in S.No.129 of Ammepalli village, Nidadavolu Mandal, West Godavari District. Though the petitioner submitted his explanation, no order has been passed till date under Section 6 of A.P Land Encroachment Act.
However respondents are trying to assign the land by removing the person in possession i.e. petitioner herein in an extent of Ac,1.50 cents in S.No,129 which is classified as "Gramakantam". When notice under Section 7 of A.P Land Encroachment Act is issued, till encroachment is removed, the land cannot be assigned by granting any D-Form patta under any scheme, more particularly, when the land is classified as "Gramakantam".
Therefore, I deem it appropriate to direct respondents not to assign or create 3'd party interest in the'property till passing oider under Section 6 of A.p Land Encroachment Act and take possession of the property removing encroachment by following due process of law, subject to permissibility under law as "Gramakantam" is deemed to have been vested in Gram panchayit on its constitution and Gram Panchayat alone is competent to take action to remove the encroachment under Section 53 of A.p panchayat Raj Act, 1994.,, SD/- M.SURYANADHA REDDY ASSISTA T GIS RAR //TRUE COPY// For ASSIST ISTRAR To, '1 T.he Principle Secretary, Revenue (Assignment) Department, Secretariat.
Velagapudi, Amaravati
2. The District Collector, West Godavari District, Eturu.
3. Tte.Tahsildar, Nidadavolu Town and Mandal, West Godavari District.
(Addresses 1 to 3 by RpAD)
4. One CC to SRT.VENKATESWARA RAO GUDAPAT|, Advocate tOpUCI
5. Tr,vo_CCs to Gp FOR REVENUE (Assignment), High Court of Andhra pradesh louTl
6. One spare copy.
VST HIGH COURT MSMJ DATED: 1310412020 ORDER WP.No.8148 ot 2020 DIRECTIOI'l