Allowed

Chitala Ramaiah S/o Venkataiah v. The State of Andhra Pradesh

Andhra Pradesh HC20 Dec 2022WP/42603/2015

Case brief

AI extract

What is this about?

Single Judge allowed this Writ Petition. The petitioner challenged proceedings dated 15-10-2015 issued by the Tahsildar under Section 6 of the Land Encroachment Act, 1905, alleging illegality and violation of Article 300A. Relying on a prior Division Bench order (WP(PIL) No. 140 of 2022), the Court allowed the petition.

What did the court decide?

The Writ Petition was allowed in terms of the order dated 14.09.2022 in WP(PIL) No. 140 of 2022; the impugned proceedings are set aside.

Chitala Ramaiah S/o Venkataiah Vs The State of… — Land Acquisition | Andhra Pradesh HC (2022)

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X -

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE TWENTIETH DAY OF DECEMBER I TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 42603 OF 2015

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Between:

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Y®n.l«taiah, Oco: Coolie, R/o Old H.No.3/38, New H.No.5/110

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Ammavaripeta. Venkatagiri Mandal, SPSR Nellore District.

••■PETITIONER

AND

f'®”i*® Priocipal Secretary, Revenue

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Department, AP Secretariat, At Hyderabad.

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2. The District Collector, SPSR Nellore District, At Nellore. 3. The Revenue Divisional Officer, Guduru Division SPSR Nellore District 4. The Tahsildar, Venkatagiri Town, SPSR Nellore District.

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...RESPONDENTS

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Under AiUcle 226 of the Constitution of India praying that in the affidavit filed therewith, the High Court may be th^X e orwrit"o? ^rticularly one in tne nature of writ of Mandamus, declaring the action of the resoondentq in issuing Proceedings dated 15-10-2015 in Rc.B.1179Z20??u/V6 of X LanS illegal, arbitrary, without jurisdiction and passed ConXho?o?lnri" therefore is violative of Article 300-APof the Constitution of India and consequently set aside the same.

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i.A. NO: 1 OF 2015(WPMP, NO: 54929 OF 20151

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in thn n't®•'’3' i" "1® circumstances Stated susoZnrT Vho may be pleased to Proceedings Rc.No.B. 1179/2015 issued^ by the respondent No.4 dated 15-10-2015 u/s 6 of the Land Encroachment Act90.5 pending disposal of the main writ petition in the interest of justice.

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Counsel for the Petitioner: SRI. M S R CHANDRA MURTHY

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Counsel for the Respondents 1 to 4: GP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V. SUJATHA

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Writ Petition No.42603 of 2015

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ORDER:

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This writ petition is filed under Article 226 of the

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Constitution of India seeking following relief:

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“...to issue an appropriate writ, order or direction more particularly one in the nature of writ ofMandamus, declaring the action ofthe respondents in issuing Proceedings dated 15.10.2015 in Rc.B.l 179/2015 u/s 6 of the Land Encroachment Act 1905 as illegal, arbitrary, without jurisdiction and. passed without application ofmind and therefore is violative ofArticle 300A of the Constitution of India and consequently set aside the same and pass such other order or orders....”

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2. The case of the petitioner is that he is absolute owner and possessor of land an extent of 45 ankanams in Sy. No.215 with D.No.5-110, situated at Ammavaripeta, Venkatagiri Municipality, SPSR Nellore District, having possession of the same since 1980 and he is paying property tax and electricity charges for the said house. While so, the 4*** respondentTahsildar, Venkatagiri, issued notice on 06.08.2015, under Section 7 of the Land Encroachment Act, 1905, stating that the land in Sy. No.215 was classified as “cheruvu”, vested with the Government and it was encroached by the petitioner. The petitioner submitted his explanation to the said notice. But the 4th respondent-Tahsildar, Venkatagiri, issued the impugned

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proceedings vide Rc.B.l 179/2015, dated 15.10.2015, under Section 6 of the Land Encroachment Act, 1905, in the name of his son Chintala Doraswamy, which is illegal, arbitrary and violative of principles of natural justice. Aggrieved by the same, the present Writ Petition is filed.

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When the matter came up for hearing on 30.12.2015, this Court granted interim order as follows:

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“...Meanwhile, if ths impugned order, dated 15,10.2015, is not implemented as of, today, it shall remain

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stayed...”

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Learned counsel for the petitioner and learned Assistant Government Pleader for Revenue conjointly submitted that the issue involved in this Writ Petition is squarely covered by the order passed by Hon’ble Division Bench of this Court in WP(PIL) No. 140 of 2022 and batch, dated 14.09.2022, which is as

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follows:

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“Considering the matter in its entirety and the .significant public interest involved, we deem it appropriate to issue the following directions to the authorities:

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(i) The executive authority, i.e., Panchayat Secretary, of the respective Gram Panchayats in the State shall identify the Gram Panchayat lands, which are

■inmiwgifctr*

unauthorizedly occupied/encroached, and take steps for removal of such encroachments by issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers in terms of the procedure prescribed in Rules of 2011. This complete exercise shall be done within a period of six months from today.

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(ii) So far as the encroachments over the lands concerning the Municipalities/Forest Department/Revenue Department are concerned, 2 even if no separate Rules have been framed prescribing the procedure to be followed in the matter of removal of encroachments over those lands, the officials of the concerned Departments, i.e., the Departments of Municipal Administration, Forest and Revenue, shall also undertake and complete the exercise of identification of unauthorized occupations/encroachments over the lands belonging to their respective Departments, within a period of two months from today, and thereafter, take steps for removal of such encroachments by following the principles of natural justice, i.e., issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers, within a further period of four months.

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With the above directions, the writ petitions are allowed”.

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and requested this Court to pass the similar order.

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Therefore, in view of the above submissions and in view of the interim order, this Writ Petition is allowed in terms of order

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dated 14.09.2022 passed by Hon^le Division Bench of this Court in WP(PIL) Nos. 140 of 2022 and batch. 6. The Registry is directed to append copy of Order of this court in W.P.,P,L) NO. 140 of 2022 dated 14.09.2022, along with this order. There shall be no order as to costs.' As a sequel, Interlocutory Applications pending, if any, in

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this Writ Petitii on, shall stand closed.

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SD/- U. SRIDEVI
ASSISTANT REGISTRAR
//TRUE COPY//
^?«^ECTION OFFICER

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..A" ^?«^ECTION OFFICER
To. X ,‘.n di
’ Department. AP State of Andhra Pradesh,
Secretariat, yelagapudi, Guntur District.
2. The District Collector. SPSR Nellore District. At Nellore.
3. The Revenue Divisional Officer, Guduru Division SPSR Nellore District.
4. The Tahsildar, Venkatagiri Town, SPSR Nellore District.
5. One CC to Sri. M S R Chandra Murthy Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUTl
7. Two CD Copies
Along with a copy of the order dated 14.09.2022 in W.P.(PIL) No.140 of 2022

Sdkr-

HIGH COURT

DATED:20/12/2022

ORDER
WP.No.42603 of 2015

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ftiSFR20» S

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377