Disposed

Tavva Hanumanta Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC7 Feb 2023WP/2889/2023

Case brief

AI extract

What is this about?

The court disposed of a PIL regarding encroachment removal, directing the District Collector to decide the petitioners' pending appeal after hearing them within four weeks to balance eviction directives with procedural justice for unauthorized occupants.

What did the court decide?

Direction to the District Collector to decide the petitioners' appeal giving due opportunity of hearing within four weeks from receipt of the order.

Tavva Hanumanta Rao, Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.2889 of 2023

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ORDER:

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The petitioners are residents of Parchur Village and Mandal, Bapatla District. A resident of the area had filed W.P.(PIL).No.128 of 2022 before this Court, for a direction to the official respondents to remove the encroachments in the road margins in the said village. This Court by an order dated 14.09.2022 had directed the official respondents to take steps for removal of encroachments by following principles of natural justice and after issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers.

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It is stated that even prior to these orders, the proceedings under the Andhra Pradesh Land Encroachment Act, 1905 had been initiated against the petitioners herein and the same had resulted in orders of eviction being passed under Section-6 of the Andhra Pradesh Land Encroachment Act, 1905. Aggrieved by the said orders, the petitioners had initially approached the Revenue Divisional Officer, Prakasam

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District by way of an appeal under the provisions of the Andhra Pradesh Land Encroachment Act, 1905.

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Having realised that the appropriate appellate authority is the District Collector, the petitioners had withdrawn the appeal filed before the Revenue Divisional Officer and have now approached the District Collector. It is stated the said appeal is pending before the District Collector, who is arrayed as the 2^nd respondent in the present petition.

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Sri E.V.V.S. Ravi Kumar, learned counsel for the petitioners would submit that the directions of this Court in W.P.(PIL).No.128 of 2022, clearly afforded the petitioners an opportunity to defend their case and such an opportunity would clearly include the right of an appeal.

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Heard, Sri G. Venkat Reddy, learned Standing Counsel appearing the 5^th respondent.

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In view of the direction in W.P.(PIL).No.128 of 2022, the petitioners would obviously have to be given an opportunity of getting their appeal heard. On the other hand, the directions of the Division Bench of this Court for early completion of the entire process within a period of four

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months from the date of order passed by the Division Bench, would also have to be complied. With a view to balance the said requirements, this Writ Petition is disposed with a direction to the 2^nd respondent to consider and pass appropriate orders in the appeal filed by the petitioners, after giving due opportunity of hearing to the petitioners, within a period of four weeks from the date of receipt of this order.

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Needless to say, the respondents shall not take

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any coercive steps against the petitioners till the appeal before the 2^nd respondent is disposed of. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J.

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07.02.2023

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Note:-

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Issue C.C.09.02.2023 B/o. BSM

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.2889 of 2023

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07.02.2023

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Note:- Issue C.C.09.02.2023 B/o. BSM

Tavva Hanumanta Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Tavva Hanumanta Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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