Andhra Pradesh High Court - Amravati
Anirudh Sompalli vs State Of Andhra Pradesh, on 20 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.12640 of 2024
Anirudh Sompalli, S/o Late Sri S. Jayadev, aged 36
years, R/o Plot No.105, Road No.1, Jubilee Hills,
Hyderabad, Telangana - 500 033 and others.
... Petitioners
Versus
State of Andhra Pradesh, Rep. by its Principal
Secretary, Revenue Department, A.P. Secretariat
Buildings, Velagapudi, Amaravati, Guntur District -
522 237 and two others.
... Respondents
Counsel for the petitioners : Smt. S. Pranathi
Counsel for respondents : GP for Revenue
:: ORDER ::
This writ petition is filed seeking the following relief:
"... to issue, an order or direction, in the nature of writ of Mandamus, declaring the notice dated 15.06.2024 issued by the 3rd respondent vide Rc.No.47/2024/A under Section 7 of the A.P. Land Encroachment Act, 1905 in respect of land to an extent of Ac 0.05 cents in Sy.No.347 of Sontyam Village, Anandapuram Mandal, Visakhapatnam District and in threatening to demolish the entire compound wall covering the land to an extent of Ac.7.83 cents in Sy.No.319; Sy.No.319-1-A and Sy.No.319-1-B of Sontyam Village, Anandapuram Mandal, Visakhapatnam District as without jurisdiction, contrary to the Board of Revenue Standing Orders, contrary to the provisions of the A.P. Land Encroachment Act, 1905 illegal, arbitrary, and unconstitutional and consequently direct the respondents not to Page 2 of 4 SRSJ WP No.12640 of 2024 interfere with the possession of the petitioners over land to an extent of Ac.7.83 cents in Sy.No.319; Sy.No.319-1-A and Sy.No.319-1-B of Sontyam Village, Anandapuram Mandal, Visakhapatnam District and pass such other order or orders ..."
2. Learned counsel for the petitioners would submit that respondent No.3 issued notice, dated 15.06.2024, under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short 'the Act'), to petitioner No.1 intimating about encroachment of Ac.0-05 cents out of Ac.452-00 cts in survey No.347 of Sontyam Village. Petitioner No.1 submitted reply dated 19.06.2024, wherein it was specifically pleaded about lack of jurisdiction on the part of respondent No.3, to invoke the provisions of the Act. She would submit that pursuant to the reply submitted by petitioner No.1, respondent No.3, without conducting enquiry as contemplated under Section 7 of the Act, is trying to demolish the compound wall constructed by the petitioners.
3. Per contra, learned Assistant Government Pleader, Revenue would submit that the authority is not demolishing the petitioners' subject compound wall, as contended by learned counsel for the petitioners. She would further submit that the Tahsildar will consider the objections filed by petitioner No.1 and pass appropriate orders under Section 6 of the Act. Page 3 of 4
SRSJ WP No.12640 of 2024
4. In view of the submissions made by learned Assistant Government Pleader and since there is no dispute regarding submission of reply by petitioner No.1 to the notice, dated 15.06.2024, without going into other aspects, this writ petition is disposed of at the admission stage, with the consent of both the counsel, directing respondent No.3 to consider the objections and pass appropriate orders. The learned Tahsildar also shall advert to the specific ground raised by petitioner No.1, regarding jurisdiction and also consider scope of order 26 of the Andhra Pradesh Board Revenue Standing Orders and communicate the order to the petitioners. The authority shall also afford an opportunity of hearing to the petitioners.
Till an order is passed, the respondent No.3 shall not take any coercive steps regarding the property mentioned in the notice, dated 15.06.2024 and the compound wall constructed by the petitioners. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date : 20.06.2024 ikn Page 4 of 4 SRSJ WP No.12640 of 2024 37 IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.12640 of 2024 Date : 20.06.2024 ikn