Disposed

Galla Subbaiah Naidu v. The State of Andhra Pradesh Rep by its Principal

Telangana HC20 Jun 2016WP/19249/2016

Case brief

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What is this about?

The Court restrained respondent authorities from evicting petitioners occupying porambok land without issuing notices as required by the Andhra Pradesh Land Encroachment Act, 1905.

What did the court decide?

Respondent authorities restrained from evicting petitioners without issuing notices as enjoined under the Andhra Pradesh Land Encroachment Act, 1905.

Galla Subbaiah Naidu Vs The State of Andhra… — Environment and Pollution | Telangana HC (2016)

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HON’BLE SRI JUSTICE CHALLA KODANDA RAM

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WRIT PETITION No.19249 of 2016

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ORDER:

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This Writ Petition is filed challenging the Notices dated 01.06.2016 issued by the 2^nd respondent-Assistant Executive Engineer, Irrigation Department, Chittoor.

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It is the case of the petitioners that the petitioners have occupied the porambok land situated in Sy.Nos.169/1, 169/2 and 159 and they have been residing in the said land by constructing houses from the last 50 years and they have been also paying Panchayat taxes since 1985. It is the complaint of the petitioners that no notices as such were given to the petitioners, even assuming for argument sake that the petitioners have occupied the tank porumboke land they can be evicted only by following due process of law. Petitioners also submitted that it is well settled principle that even an encroacher is required to be issued notice and then only they can be evicted by following due process. Learned counsel for the petitioners relied on a judgment of the Supreme Court in Government of Andhra Pradesh Vs. Thummala Krishna Rao and Anothe r^[1] .

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On the other hand learned Government Pleader submits that the Hon’ble Supreme Court had made it clear in Hinchlal Tiwari Vs. Kamaladev i^[2] that the material resources of the community like forests, tanks, ponds, hillock, mountain etc., are nature's bounty as they maintain delicate ecological balance, therefore, there cannot be any encroachments and if there are any encroachments in tank bed lands it is the duty of the State to evict the encroachers and restore the same to its original state.

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Having considered the respective submissions, considering the admitted and undisputed fact that the petitioners are in possession and enjoyment of their respective lands by constructing the houses and in the light of the ratio laid down by the Supreme Court in Government of

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Andhra Pradesh Vs. Thummala Krishna Rao case (1 supra) they cannot be evicted without following due process of law. In such circumstances, the respondent authorities are restrained from evicting the petitioners without issuing notices as enjoined under the Andhra Pradesh Land Encroachment Act, 1905 or any other provision. It is also made clear that if the land in occupation of the petitioners and the houses in which the petitioners are constructed is the waterbed, there is a duty cast on the state authorities to restore the waterbed after taking into consideration of the objections that may be raised by the petitioners.

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Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed.

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Learned Government Pleader shall intimate the respective authorities of the order of this Court.

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____________________________ CHALLA KODANDA RAM, J

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Date:20.06.2016. Ssv

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[1] AIR 1982 SC 1081 [2] 2001 (6) SCC 496

Galla Subbaiah Naidu v. The State of Andhra Pradesh Rep by its Principal

Case brief

What is this about?

What did the court decide?

Galla Subbaiah Naidu v. The State of Andhra Pradesh Rep by its Principal

Case brief

What is this about?

What did the court decide?

What the court decided

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