Extracted from the PDF above. The PDF is authoritative.
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6917 & 7092 OF 2025 COMMON ORDER:
1. Both these writ petitions are filed under Article 226 of the Constitution of India to declare the action of the respondents in threatening to dispossess the petitioners and demolish the petitioners house over property admeasuring an extent of Ac.0-04 1/3 cents in Sy.No.621 (Old Sy.No.69) and Ac.0-03 cents in Sy.No.621 (Old Sy.No.69) situated at Idamakada Village, Duvvur Mandal, YSR Kadapa.
2. The brief facts of the case are that the petitioners claims to have been in possession and enjoyment of the property admeasuring an extent of Ac.0- 04 1/3 cents in Sy.No.621 (Old Sy.No.69) and Ac.0-03 cents in Sy.No.621 (Old Sy.No.69) situated at Idamakada Village, Duvvur Mandal, YSR Kadapa District, since 1992. While so, Respondent No.6 issued eviction Notice in Rc.no.A/192/2024 dated 06.03.2025, stating that the petitioners are in unauthorized occupation of Ac.0-0475 cents, Sy.No.621, K.C. Canal Poramboke, Idamadaka Village and called for an explanation as to why the petitioners shall not be evicted from the Government Land and from the residential buildings or other constructions if any. The petitioners have submitted explanation dated 11.03.2025 to the said eviction notice. Further, on 15.03.2025 the official respondents once again tried to interfere with the property of the petitioners. Challenging the high-handed action of the official
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respondents in interfering with the property of the petitioners, the writ petitions are filed.
3. During pendency of W.P.No.6917 of 2025, Respondent No.6/Tahsildar, Duvvur passed an order vide Ref.No.A/192/2024 dated 15.03.2025 under Section 6 of the A.P. Land Encroachment Act, 1905, directing the petitioners to evict from K.C. Canal Poramboke Land to an extent of Ac.0-05 cents in Sy.No.621/1 of Idamadaka Village, Duvvur Mandal, which is under petitioners occupation. Challenging the proceedings dated 15.03.2025, W.P.No.7092 of 2025 is filed.
4. During hearing, learned counsel for the petitioners while reiterating the
contentions urged in the writ affidavits, contended that passing of order dated 15.03.2025 under Section 6 of the A.P. Land Encroachment Act, 1905, is against the principles of natural justice and contrary to law and requested to set-aside the same.
5. On the other hand, learned Government Pleader for Revenue supported the order passed by the Tahsildar in all respects and requested to dismiss the writ petitions.
6. It appears that the Tahsildar passed an order dated 15.03.2025 directing the petitioners to evict from K.C. Canal Poramboke land to an extent of Ac.0-05 cents in Sy.No.621/1 of Idamadaka Village, Duvvur Madnal, under which the petitioners are said to be in possession.
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NV,J W.P.No.6917 & 7092 of 2025
7. As per Section 10 of the A.P. Land Encroachment Act, 1905, an appeal shall lie to the Collector from any decision or order passed by the Tahsildar. Since no appeal is preferred by the petitioners, the petitioners are therefore permitted to file an appeal against the orders of the Tahsildar dated 15.03.2025 passed under Section 6 of the A.P. Land Encroachment Act, 1905, within a period of two weeks from the date of receipt of copy of this
order. After filing of such appeal, the competent authority/Appellate Authority shall consider the same and pass appropriate orders within six (06) weeks thereafter. Till disposal of the appeal, the respondents are directed not to dispossess the petitioners from the subject property. It is made clear that the respondents shall make available copy of the survey report to the petitioners, as claimed in the order passed by the Tahsildar dated 15.03.2025.
8. With the above direction, writ petitions are disposed of. No costs.
9. Consequently, miscellaneous applications pending if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA
Dt: 10.04.2025
SP
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NV,J W.P.No.6917 & 7092 of 2025
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 6917 & 7092 OF 2025
Dt:18.03.2025
SP