APHC010042622020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: P.Veerabhadraiah The Tahsildar and others Counsel for the Petitioner: 1. Thota Ramakoteswara Rao Counsel for the Respondent(S): 1. GP for Revenue (AP) The Court made the following order: The instant writ petition is filed, challenging the notice provisions of the Andhra Pradesh Land Encroachment Act, 1980 the 1st respondent in respect of an extent of Sy.No.287 of Karuchola Village, Edlapadu Mandal, Guntur 2. Heard Sri Thota Ramakoteswara Rao and learned Assistant Government Pleader for Revenue appearing for the respondents. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2825/2020 ...Petitioner AND ...Respondents Counsel for the Petitioner: Thota Ramakoteswara Rao Counsel for the Respondent(S): The Court made the following order: writ petition is filed, challenging the notice, provisions of the Andhra Pradesh Land Encroachment Act, 1980 pondent in respect of an extent of land in Ac.0.09 cents in Sy.No.287 of Karuchola Village, Edlapadu Mandal, Guntur District. Thota Ramakoteswara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioner ...Respondents under the , issued by Ac.0.09 cents in learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the 3. It is contended by the petitioner that the subject land is ancestral property, and in support of his contention, the petitioner relies on Adangals and Record of Rights, thus contends that the provisions of the Andhra Pradesh Land Encroachment Act, 1980, would not come into play. 4. The 1st respondent-Tahsildar filed counter affidavit stating that the subject land is classified as Government Poramboke (Hillock) in revenue records and is included in the list of prohibitory properties under Section 22A of the Stamps and Registration Act. 5. It is further contended that the petitioner has not submitted any assignment deed, in support of their contention. As the land is classified as a Hillock the property was proposed for issuance of house site pattas under the "Navaratnallu Pedalandariki Illu" scheme launched by the Government of Andhra Pradesh. However, since the land was found to be, not feasible for construction, no further proceedings thereafter were taken up. It is stated that the petitioner is in occupation of the Government land, and eviction proceedings would be taken after following due process of law. 6. The Tahsildar relies on RSR contends that the land was classified as a Hillock. However, the documents annexed to the writ petition, including the record of rights viz., title deed, pattadar passbooks, and Adangals, show the petitioner as the pattadar and the relevant column indicates the succession as inheritance. 7. The notice does not even specify the date by which the petitioner was required to submit his explanation. In that view of the matter, the action of the respondents appears to be hasty since the notice appears to have been issued without verifying their own records. 8. Therefore, this Court is of the considered view that the notice was issued in a hasty and premeditated manner without application of mind. Thus, the notice requires to be set aside. The respondents are at liberty to take action if the petitioner's possession of the subject lands are found to be unauthorized, after following due procedure and providing sufficient opportunity for hearing to the petitioner. 9. With the above observation, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 20.01.2025 BSK 141 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2825/2020 Date: 20.01.2025 BSK