Partly allowed

Seethala Venkata Rama Rao v. the State of Ap

Andhra Pradesh HC14 Feb 2023WP/2996/2023

Case brief

AI extract

What is this about?

Single-judge order dispensing with a Writ Petition regarding eviction from Government land. The Court directed official respondents to follow established legal procedure, issue show cause notices, and grant a hearing before taking eviction action or entrusting the land to another party.

What did the court decide?

The Court directed the official respondents to issue notice, provide an opportunity of hearing, and follow legal procedure before evicting the petitioner or allotting the land.

Seethala Venkata Rama Rao Vs the State of Ap — Landlord and Tenant | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.2996 of 2023

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ORDER:

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The petitioner who is in occupation of 59 cents of land and 20 cents of land in R.S.No.130/2 of Vinnakota Village, Gudlavalleru Mandal, Krishna District has approached this Court with the complaint that the respondent Nos.2 to 6 are seeking to evict him from the said property, without following any due process, for the sole purposes of entrusting the said land to respondent No.7.

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Sri T.V.V. Koteswara Rao, the learned counsel appearing for the petitioner would submit that the petitioner has been in possession of this property since 1960 and has been undertaking aqua-culture in the fish tank dug in the said land. He submits that the official respondents are seeking to demolish the said fish tank and evict him from the said land without any notice of opportunity being given to the petitioner. The learned counsel for the petitioner would further submit that the petitioner has been in possession of this land since 1960.

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The learned Government Pleader for Revenue, has placed written instructions given by the Tahsildar, Gudlavalleru dated 08.02.2023. In these instructions, it is stated that the occupation of the petitioner and his father of the aforesaid lands was actually by way of encroachment into the Government land. It is further stated that this land is classified as Government land as “Kaluva Margin” and as such the said land cannot be used for rearing fish or setting up fish tanks as the same is in violation of the circular issued by the Commissioner of land Land Administration (CCLA) bearing reference

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No.B2/1542/2012, dated 18.03.2013.

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In view of the aforesaid submissions, it would be appropriate for this Court to dispose of this Writ Petition with the following directions:

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1. The respondents shall not evict the petitioner, except in accordance with the procedure established by law.

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1. In the event of any such action being proposed, the respondents shall issue appropriate notices to the petitioner, setting out the provisions of law under which the respondents propose to proceed and by giving an

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opportunity of filing objections and hearing to the petitioner.

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1. It would be open to the petitioner to avail of such opportunity upon service of any show cause notice.

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1. The official respondents would then pass orders on the objections, if any, filed by the petitioner after giving him an opportunity of hearing.

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1. The official respondents would then take action in accordance with the orders that shall be passed.

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Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions, pending if any, in this Writ Petition shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J

14.02.2023 MJA

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.2996 of 2023

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14.02.2023

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MJA

Seethala Venkata Rama Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

Seethala Venkata Rama Rao v. the State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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