The Court disposed of a writ petition filed under Article 226 concerning alleged encroachments on government land. It directed the Tahsildar and Collector to remove the encroachments within six weeks.
Directing respondents 6 and 8 to remove encroachments within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.31343 of 2022
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not removing the encroachments in R.S.No.18/1B exists in between N.S.P. Canal (Thimmarayapalem minor canal) and R& B Road in Kotikalapudi village, Addanki Mandal, Bapatla District as illegal, arbitrary and consequently direct the respondents No.6 and 8 to remove the encroachments in the said land.
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also personally visited the place, conducted a survey and identified that the respondents 9 to 12 are illegally constructed and running the shops, thereby ordered for eviction. Accordingly, they have issued notice on 27.06.2022, after that there is no further action identified for eviction of the respondents 9 to 12. Hence, the present writ petition.
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Miscellaneous petitions, if any, pending in this petition shall
stand closed.
JUSTICE D.RAMESH
Date: 20.12.2022
Pnr
3 issues framed by the court
Whether the District Collector and Tahsildar are directed to take steps to remove the encroachments made by unofficial respondents.
Whether the encroached land is a road margin vested with the Gram Panchayat.
Whether an undertaking to remove encroachments voluntarily was adhered to by the respondents.
2 provisions across 2 enactments
Petitioner
6th Respondent
8th Respondent
9th to 12th Respondents
D. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
