APHC010192682021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.10962/2021 Between: G.ravindra Kumar ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PARTY IN PERSON Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: HTCDS,J WP_10962_2021 2 ORDER:- 1. The petitioner claims that he is absolute the owner and possessor of land admeasuring an extent of Ac.0.17 cents in Sy.No.946-U1 of Kanala Village, Nandyal Mandal, Kurnool District. It is further case of the petitioner that he constructed house in the said land and the same was assessed by the gram panchayat. 2. The petitioner further contends that the 4th respondent issued notice dated 22.05.2021 by invoking the section 7 of Land Encroachment Act inter-alia contending that the petitioner is in unauthorized occupation of land admeasuring an extent of Ac.0.10 cents in Sy.No.946-U5 by directing the petitioner to appear before him on 29.05.2021, as to why he shall not be evicted from the said land. 3. It is further contended that the petitioner immediately replied to the said show cause notice stating that he is in possession of land in Sy.No.946-U1 to an extent of Ac.0.17 cents and he further stated that he did not encroach into land admeasuring an extent of Ac.0.10 cents in Sy.No.946-U5. HTCDS,J WP_10962_2021 3 4. It is further case of the petitioner that without conducting any survey, the 4th respondent came to the conclusion that the petitioner is in unauthorized occupation of land to an extent of Ac.0.10 cents in Sy.No.946-U5 and requested to drop further action pursuant to notice dated 22.05.2021. 5. Thereafter, the 4th respondent passed impugned order dated 05.06.2021 asking the petitioner to vacate from the land an extent of Ac.0.10 cents in Sy.No.946-U5 within 48 hours otherwise he will be summarily evicted and the constructions erected thereon will be held for forfeiture. The said order is being assailed in the present writ petition. 6. The 4th respondent filed counter affidavit, whereunder it is stated that as per RSR the land in Sy.No.946-U5 admeasuring to an extent of Ac.27.97 cents is classified as government poramboke land and it was found that the petitioner encroached to an extent of Ac.0.10 cents in Sy.No.946-U5 and erected small shed and raise parapet wall. It is further averred that gram panchayat, Kanala Village passed a resolution stating that the petitioner encroached into the Sy.No.946/U5 to an extent of Ac.0.10 cents and requested the 4th respondent to take steps to vacate the petitioner from the subject lands, so as to construct HTCDS,J WP_10962_2021 4 Village Secretariat. The said resolution was forwarded to the 4th respondent and in pursuance thereof, the 4th respondent issued notice under Section 7 of Land Encroachment Act. It is further averred in the counter affidavit that the petitioner family purchased land in Sy.No.946/U1 to an extent of Ac.0.17 cents and the same is also incorporated in revenue records, whereas the notice was issued in respect of land in Sy.No.946/U5, which is classified as government poramboke and there was a satram (Choultry) in the subject land, which was used by the general public. 7. It is further contended that the petitioner is absolute no right in respect of land in Sy.No.946/U5, therefore the impugned order was rightly passed asking him to vacate from the subject lands. This Court by order dated 10.06.2021 granted stay of all further proceedings in pursuance of impugned order dated 05.06.2021. 8. Further, this Court by order dated 02.03.2022, directed the respondents to conduct survey in respect of property covered by Sy.No.946-U5 of Kanala Village and to determine the entire extent of land covered by said survey number and also to note the extent in which the petitioner is in occupation as of now HTCDS,J WP_10962_2021 5 and to submit report to this Court to enable to pass further orders in the matter. 9. In pursuance of the said order, the Assistant Director (Survey of Land Reforms), Nandyal conducted survey in the presence of petitioner and the Tahsildar over Sy.No.946-U1 and 946-U5 on 13.09.2022 and submitted a report stating that the petitioner did not encroach into Sy.No.946-U/5. It is further stated in the report that the lands claimed by the petitioner is in Sy.No.946/U1 and the same is classified as private patta land in revenue records. The said report is placed before this Court through Memo dated 05.02.2024. 10. During the course of hearing, the party-in-person represented that despite interim order dated 10.06.2021, the respondents have demolished the structures of the petitioners existing in Sy.No.946/U1 on the premise that the same is existing in Sy.No.946/U5 without conducting any survey. He further represented that a Contempt Case is filed against the action of the respondents in violating the interim order dated 10.06.2021 and the same is pending adjudication. HTCDS,J WP_10962_2021 6 11. It is a specific case of the petitioner that he did not encroach into the land admeasuring an extent of Ac.0.10 cents in Sy.No.946/U5, the respondents under guise of impugned order tried to interfere with his possession over an extent of Ac.0.17 cents in Sy.No.946/U1, though said survey number is not the subject matter of the impugned order. Despite the same, the 4th respondent demolished the structures existing in Sy.No.946-U1 which exclusively belongs to the petitioner. 12. Further on perusal of the report dated 28.10.2022, it is clear that the petitioner did not encroach into the land admeasuring an extent of Ac.0.10 cents in Sy.No.946/U5, the report further reveals that the petitioner is in possession of land admeasuring an extent of Ac.0.17 cents in Sy.No.946/U1, which is classified as private patta land in revenue records. 13. In view of reasons recorded above, coupled with the survey report dated 28.10.2022, it is clear that the petitioner did not encroach into the Sy.No.946/U5 to an extent of Ac.0.10 cents and the impugned order has been passed against the petitioner without conduct any enquiry as to whether he encroached into the land to an extent of Ac.0.10 cents in Sy.No.945/U5. Taking advantage of the said order, the 4th respondent is trying to HTCDS,J WP_10962_2021 7 dispossess the petitioner from an extent of Ac.0.17 cents in Sy.No.946/U1. 14. For the aforesaid reasons, the respondents are directed not to interfere with the possession of the petitioner over an extent of Ac.0.17 cents in Sy.No.946/U1, as the same exclusively belongs to the petitioner and the respondents have no right to interfere with his private patta lands. 15. Further the respondents are at liberty to deal with the subject lands in an extent of Ac.0.10 cents in Sy.No.946/U5 as per law. 16. With the above observations, the Writ Petition is disposed of. No order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 19.03.2025 DR HTCDS,J WP_10962_2021 8 263 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WP No.10962 of 2021 Date 19.03.2025 DR