d. Suresh Kumar v. The District Collector

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.17464 of 2011

ORDER:

The petitioner encroached into about 1000 sq. yards of land in Survey No.213/1 of Suryaraopet, Kakinada Mandal, East Godavari District. He submitted an application for regularization of his encroachment in terms of G.O.Ms.No.166, dated 16.02.2008. An endorsement was given on 28.01.2010 to the effect that the land under occupation of the petitioner is part of P.W.D. canal and occupation over it cannot be regularized under G.O.Ms.No.166. The grievance of the petitioner is that the respondents are trying to demolish the house constructed over the land and evict him on the basis of the said endorsement.

On behalf of the respondents, a counter affidavit is filed. It is stated that though the petitioner submitted an application under G.O.Ms.No.166, the respondents cannot regularize the land encroached by the petitioner, on account of the fact that the same is part of an irrigation canal. It is also stated that the authorities of the Irrigation Department did not agree for conversion of the same into revenue land and in the circumstances, the encroachment cannot be regularized.

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

The petitioner does not dispute that he has encroached the Government land. With a request to regularize the encroachment, he filed an application under G.O.Ms.No.166. However, in view of the fact that the land is part of the irrigation canal and the said G.O. does not provide regularization of such land, an endorsement is made on 28.01.2010. The petitioner did not challenge the said