`APHC010167922020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10571/2020 Between: Irrinki Venkateswara Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 ORDER:- 1. The petitioner claims that he is in possession and enjoyment of agricultural land to an extent of Ac.0.10 cents in RS.No.168 of Doddanapudi Village, Kalla Mandal, West Godavari District. It is further case of the petitioner that the said land was being used for agricultural purpose by him for last several years. He would further submit that the said land is classified as BANDIDARI (cart-track) in revenue records. 2. It is further case of the petitioner that the said land was identified for the purpose of issuance of house site pattas despite the fact that there is a clear bar under para 15 of Board Standing Orders. He would further submit that the subject land is used to for ingress and egress for agriculture purpose. The 3rd respondent alleging that the petitioner is in unauthorized possession of the subject land, issued notice dated 22.01.2020 under Section 7 of A.P. Land Encroachment Act, 1905. In pursuance of the said notice, the petitioner seems to have filed explanation and upon consideration of the same, the 3rd respondent passed order dated 10.02.2020 under Section 6 of the said Act stating that the petitioner is in unauthorized occupation of the subject land. 3 3. The petitioner claims that questioning the said order, he filed appeal along with an application seeking to stay all further proceedings pursuant to order dated 10.02.2020. Pending the said appeal the 3rd respondent instructed the Village Revenue Officer to take possession of the subject land from the petitioner. Questioning the same the present writ petition is filed on the ground that the 3rd respondent is trying to evict the petitioner despite pending the appeal before the 2nd respondent. 4. On the other hand, the 3rd respondent filed counter affidavit stating that land in RS No.168 consists of Ac.1.49 cents, which is classified as cart-track. It is further contended that the classification of land admeasuring an extent of Ac.1.04 cents out of Ac.1.49 cents was cents changed from cart track to gramakhantam and thereafter, the same was identified for the purpose of distribution of house site pattas. It is further contended that an extent of Ac.0.45 cents was left over to be used as cart track for the villagers to use the same as ingress and egress to reach their respective agricultural lands. It is further contended that as the petitioner is in unauthorized occupation of the subject land, the 3rd respondent after following the procedure under Land Encroachment Act, 1905, rightly passed order dated 10.02.2020 4 directing the petitioner to evict from the subject land. It is further stated that pursuant to the said order possession of the land was also taken over. It is further contended that though, the petitioner claimed that he filed an appeal against order dated 10.02.2020, no such appeal is actually filed and the petitioner also did not place on record that such appeal is filed before the 2nd respondent and prayed to dismiss the writ petition. 5. Heard counsel for petitioner and the learned Assistant Government Pleader for Revenue. 6. Perused material available on record. 7. The present writ petition is filed questioning the action of the 3rd respondent in trying to dispossess the petitioner from the subject land in spite of pendency of appeal before the 2nd respondent, which was alleged filed as against order dated 10.02.2020. On consideration of the pleadings on either side, it is clear that the petitioner did not place anything on record to show that he filed appeal before the 2nd respondent. During the course of hearing, the counsel for the petitioner would submit that he filed appeal before the 2nd respondent and later the jurisdiction of the subject land was fallen under Bhimavaram Collectorate in view of bifurcation of Districts. He would further submit that the 5 appeal filed by him might have been misplaced or rather not transmitted to the newly formed Bhimavaram Collectorate. The said submission of the counsel for the petitioner cannot be believed in the absence of any material to show that such appeal is actually filed. 8. This Court while ordering notice, by order dated 02.07.2020 directed the respondents not to evict the petitioner from the subject land and the said order is subsisting as on today. 9. In view thereof, taking into consideration of the submissions made by both parties, instead of going into the merits of the matter, the petitioner is directed to file appeal against order 10.02.2020, within a period of two (02) weeks from the date of receipt of copy of the order, upon filing of the said appeal the same shall be considered in accordance with law. If appeal is not filed within the period mentioned above, the respondents are at liberty to proceed with the matter as per law. It is made clear that till such time the interim order granted by this Court on 02.07.2020 shall remain in force. 10. With the above directions, the writ petition is disposed. No order as to costs. 6 As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 06.03.2025 DR 7 22 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR W.P.No.10571 of 2020 Date: 06.03.2025 U DR