Allowed

Smt.Gali Vasumathi v. The State of Andhra Pradesh

Andhra Pradesh HC6 Nov 2024WP/25467/2024

Case brief

AI extract

What is this about?

The High Court allowed the writ petition challenging an eviction notice issued by the Executive Engineer without a hearing. The Court set aside the notice, holding the authority lacked jurisdiction under Section 6 and 7 of the A.P. Land Encroachment Act, 1905, while permitting the proper authority to proceed legally thereafter.

What did the court decide?

Impugned eviction notice issued vide File No.2L1(E)/No.438M dated 05.11.2024 was set aside without costs.

Smt.Gali Vasumathi Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2024)

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f I

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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A ^
or >
o

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI ^

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WRIT PETITION NO: 25467 OF 2()9d.

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Between:

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yets°'Hi'n'du'ocr'■ ^9®^ -bout 27 nh=.?mDharmavaranr^ ° ' ?Town Business,and Mandal,residingSri atSatyaD. No.Sai 15-84District'SBI ColonvAndhra

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...Petitioner

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AND

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R«nn*f® Of Andhra Pradesh, rep.by its Principal Secretary (Water ''■rigation Department), A.P.Secretarlat

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Velagapudi, Guntur District, A.P.

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2, The District Collector, Sri Satya Sai District Puttaparthi, Andhra

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Pradesh.

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The Superintendent Engineer, Water Resources Department Sri Satya

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Sai District, Andhra Pradesh.

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The Revenue Divisional Officer, Dharmavaram Sri Satyasai District,

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The Tahasildar, Dharmavaram, Sri Satya Sai District. A.P

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The Executive Engineer, Water Resources cum Minor Irriaation Department, Dharmavaram, Sri Satyasai District ^

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The Assist Executive Engineer, Water Resources cum Minor Irrigation

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Department, Dharmavaram, Sri Satyasai District A.P.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order more particularly one nature of Writ of

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Mandamus declaring the action of Respondents particularly Respondent No.5 in issuing Notice of eviction vide Notice File No.2LI(E)/No.438 dated 05-11-2024 without giving an opportunity of being heard and without / following the due procedure as contemplated under Section^6and 7 of the , A.P.Land Encroachmet Act, 1905, Act and law which is contrary to the Order of this Hon'ble Court in W.P.No.28064 of 2023 which is arbitrary, llegal Arbitrary and contrary to Section 6 and 7 of A.P.Land Encroachment Act, 1905 and violation of Articles, 14, 19,21 and 300-A^{oftheConstitution} of India apart from violation of Principals of Natural Justice and consequently, direct the Respondents not to interfere, demolish and dispossess the Petitioner from the land to an extent of Ac.25.38 cents situated in Survey Nos. 904, 904-B, 904-C, 905-2, 908-1, 909-1, 909-2 of Dharmavaram Village, Dharmavaram Mandal, Sri satya sai District.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to interfere, demolish and dispossess the Petitioner from the land to an extent of Ac.25.38 cents situated in Survey Nos. 904, 904-B, 904-C, 905-2, 908-1, 909-1, 909-2 of Dharmavaram Village, Dharmavaram Mandal, Sri satya sai District while suspending the impugned notice issued by Respondent No.5 and may be pleased to pass

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Counsel for the Petitioner: SRI A P REDDY

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Counsel for the Respondents 1,3, 6 & 7: GP FOR IRRIGATION^&CAD Counsel for the Respondents 2 & 5: GP FOR REVENUE

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The Court made the following order:

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APHC010496812024

SES r

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3311]

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(Special Original Jurisdiction)

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THURSDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE MS JUSTICE B S BHANUMATHI

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WRIT PETITION NO: 25467/2024

Between:

Smt.Gali Vasumathi

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.A P REDDY

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR IRRIGATION COMM AREA DEV

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The Court made the following Order:

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This writ petition is filed under Article 226 of Constitution of India seeking the following relief;

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“...to issue a Writ or Order more particularly one^nature of Writ of Mandamus declaring the action of respondents particularly respondent No.6 in issuing notice of eviction vide Notice File No.2L1(E)/No.438M dated 05.11.2024 without giving an opportunity of being heard and without following^the due procedure as contemplated under Section 6 and 7 of

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W.P.No.25467 of 2024

the A.P.Land Encroachmet Act, 1905, Act and law which is contrary to the Order of this Hon'ble Court in W.P.No.28064 of 2023 which is arbitrary, illegal, arbitrary and contrary to Section 6 and 7 of A.P.Land Encroachment Act, 1905^and violation of Articles, 14, 19, 21 and 300-A of the Constitution of India apart from violation of principals of natural justice and consequently, direct the respondents not to interfere, demolish and dispossess the petitioner from the land^toan extent of Ac.25.38 cents situated in Survey Nos.904, 904-B, 904-C, 905-2, 908-1, 909-1, 909-2 of Dharmavaram Village, Dharmavaram Mandal, Sri Satya Sai District and may to pass...”

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The case of the petitioner is briefly as follows:

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The petitioner is possessor of land totaling Ac.25.38^{centssituatedin} Survey Nos.904, 904-B, 904-C, 905-2, 908-1, 909-1 & 909-2 of Dharmavaram Village, Dharmavaram Mandal, Sri Satya Sai District. She purchased the said property through registered sale^{deedsandhername} was recorded in pattadar passbook and revenue records. On petitioner’s submission of application for conversion of Ac.12.48 cents to nonagricultural purposes, the 4**^ respondent issued approval vide R.Dis.603/2022(1) on 13.05.2022. She gifted Ac.0.065^{centstoherhusband} through registration. The 5^^ respondent issued a notice vide Rc.No.334/20243/A dated 24.10.2024 referencing case filed by Mr.Paramesh Baligolla in O.A.No.41 of 2023 before the National Green Tribunal, Chennai, which was filed against the petitioner due to political rivalry. The 6'^ respondent without following due procedure as contemplated under Section 6 and 7 of Andhra Pradesh Land Encroachment Act, 1905, issued notice in File No.2L1(E)/No.438M dated 05.11.2024. The petitioner purchased the land from lawful owners and due to political changes ^after

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W.P.No.25467of 2024

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general elections in the State, the impugned notice was issued. The petitioner filed W.P,No.24925 of 2024 before this Court on similar grounds in which an order was passed on 29.10.2024 with a direction to the 6'^ respondent not to dispossess the petitioner without following the due ' procedure.

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The learned counsel for the petitioner, appearing through video conference, and Mrs.Arika Maheswari learned counsel representing counsel for the petitioner appearing physically before this Court , stated that the 6”^ respondent has no authority to issue the impugned notice and placed reliance on the decision of this Court in W.P.No.5334 of 2024 dated 29.02.2024 wherein, under the similar set of facts a similar notice issued by the Deputy Executive Engineer, Water Resources Department, SPSR Nellore District was set aside in view of Sections 6 and 7 of the Andhra Pradesh Land Encroachment Act, 1905 which enables the District Collector/Tahsildar/Deputy Tahsildar only to take steps for eviction of unauthorized occupant of the government land. He further submitted that Tahsildar/5'^ respondent had already issued notice for which a reply had also been given by the petitioner.

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The learned Assistant Government Pleader for Irrigation representing the respondents No.1 to 7, placed on record the written instructions of Executive Engineer, I.B.Division, Dharmavaram, dated 07.11.2024. He further stated that steps would be taken as per law, by fairly conceding that the 6'^ respondent has no such authority to issue the impugned notice.

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In view of the above said decision, as supported by the provisions of law noted, the writ petition is allowed as prayed for. Impugned notice issued vide File No.2L1(E)/No.438M dated 05.11.2024 is set aside. However, the proper authority is at liberty to proceed as per law on the action already initiated.

W.P.No.25467 of 2024

There shall be no order as to costs.

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Pending miscellaneous applications, if any, shall stand^closed.

Sd/-N.NAGAMMA

ASSISTANT REGISTRAR

//TRUE COPY//

SEC

To,

The Principal Secretary (Water Resources cum Minor Irrigation Department), State of Andhra Pradesh, A.P.Secretariat, Velagapudi, Guntur District, A.P.

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