WP/33575/2023 of G.SUJATHA Vs THE STATE OF ANDHRA PRADESH on 29 December 2023

ORDER:

Ref. No.MC/41/2023,datedAssailing the proceedings in26.12.2023 issued by the 4th respondent under 'Section6of theAndhra Pradesh Land Encroachment Act, 1905 (For short‘Actevict the petitioner from her land in an extent of1905’) ordering toN0.1569-A of Chennampalli village fields.Ac.0.04 cents in surveyBadvel Mandal, YSR District, the present Writ Petitionis filed.

Heard V.R.Reddy Kowuri, learned counsel for the petitioner

2. AssistantGovernmentPleaderforandSriE.Kumar,learnedRevenue appearing for respondents.

3. Learned counsel for the petitioner, in elaborationto what hasbeen stated in the affidavit contended that, the petitioner[acquired]anextent of Ac.0.06 cents in survey No.1755/3 under twodifferentandshehasbeeninpossessionsaledeedsandeversinceofthesaidland.Sheapproachedthemunicipalenjoymentauthorities and submitted an application for grant[of][ building][ plan]sameispendingconsiderationbeforetheapprovalandthesubmitted that, 4th respondent has issuedauthorities. He furthernotice dated 16.12.2023 to the petitioner stating that the petitioner

3.

No. 1569-Aoflandinsurveyhasencroached the Governmentand called for her-explanation.OnChennampalli village fieldssubmitted her reply to thethepetitionerreceiptof the sameof the revenue authoritiesto the noticeimpugned notice bringingGovernment land in surveyencroachedthethat she had not4th respondent along withPursuant to the said noticeN0.1569-A17.12.2023 and tried to1/.hisstaff came to[the][ subject][ land][ on]said land stating that the subjectfrom thedispossess the petitionercould resist.land belongs to Government, however the petitionerThereafter,the4^1^respondenthasissued proceedingsdatedordering to evict the petitioner[from][ the][ subject][ land,]26.12.2023ustainable both on factsThesaid impugned proceedings are unsof Act, .1905.violation of the provisionsand law and in clearWrit Petition is filedQuestioning the said proceedings, the presentthe interest of theappropriate orders protectingand prayed to passpetitioner.

hand,Sri E.Kumar,learnedAssistant4.Ontheotherthe Tahsildar hassubmitted that,Government Pleader for Revenuestrictly adhering to thethe impugned proceedingsrightly issuedand Rules framed thereprovisionsofLand Encroachment Actif at all the petitioner has anyfurther submitted thatunder.Hethe impugned proceedings, she has to file appealgrievance against before the concerned authority under Section10of[the][ Andhra]Pradesh Land Encroaohment Act,1905,and instead petitionerapproachedthisCourt.Therefore,thisWritPetitionisnotmaintainable and prayed to dismiss the Writ Petition.

5. Perused the record.

6. It is not in dispute that the 4* respondent has issued[notice]dated, 16.12.2023tothepetitionerstating thatthepetitionerencroached the land in survey No.l569-A of Chennampalli villagefieldsandcalledforherexplanationwithinsevendays.Thepetitioner submitted her explanation dated 20.12.2023 stating thatthe Municipal authorities have received the application[submitted]by the petitioner and issued payment receipt dated[02.02,2022][ for][ a]sum of Rs. 14,869/- and the application submitted by the petitioneris pending consideration.dated, 16.12.2023tothepetitionerstating thatthepetitionerencroached the land in survey No.l569-A of Chennampalli villagefieldsandcalledforherexplanationwithinsevendays.Thepetitioner submitted her explanation dated 20.12.2023 stating thatthe Municipal authorities have received the application[submitted]by the petitioner and issued payment receipt dated[02.02,2022][ for][ a]sum of Rs. 14,869/- and the application submitted by the petitioneris pending consideration.

7. Perusal of the proceedings dated 26.12.2023 would indicatethat the petitioner has occupied an extent of 420 sq[feet][ in][ the]‘Rasthq Land’ and raised foundation pillars over part[of][ the][ land]occupied. It is the contention of the petitioner that as the Municipalauthorities failed to communicate the building plan approval soughtby the petitioner within specified time i.e., 60 days frpm the date ofreceipt of application,it is deemed that permission is granted as.that the petitioner has occupied an extent of 420 sq[feet][ in][ the]‘Rasthq Land’ and raised foundation pillars over part[of][ the][ land]occupied. It is the contention of the petitioner that as the Municipalauthorities failed to communicate the building plan approval soughtby the petitioner within specified time i.e., 60 days frpm the date ofreceipt of application,it is deemed that permission is granted as.

provided under Section 214 of the Andhra Pradesh MunicipalitiesAct, 1965, as such, she has constructed the building in the subjectproperty.

8. Theimpugnedproceedingsdated26.12.2023statesthatappeal lies before the Revenue Divisional officer, Badvel against theorder of the Tahsildar within seven days from the date[of][ order.]appeal lies before the Revenue Divisional officer, Badvel against theorder of the Tahsildar within seven days from the date[of][ order.]

9. It is appropriate to refer section 10 of the Andhra[Pradesh]Land Encroachment Act, 1905Land Encroachment Act, 1905

10. Appeal:-(1) An appeal shall lie (a) to the Collector fromany decision or order passed by a Tahsildgr or DeputyTahsildar under this Act, and(b) to the District Collectorfrom any decision or order of a Collector passed otherwisethan on appeal, arid (c) to the Board of Revenue from anydecision or order of a District Collector passed otherwisethan on appeal There shall be no appeal against a decisionor order passed by the Collector or the District Collector[on]appeal, but the District Collector may revise any decision[or]order passed by a Deputy Tahsildar or Collector under[this]Act, and the Board of Revenue may revise any decision[or]order passed by any dfficer under this Act.

A reading of Section 10(1) of the Act, 1905 makes it[clear][ that.]if at all any grievance is there against the order[of][ the][ Tahsildar,]one should approach the Collector by way of appeal,[as][ such,][ the]impugned proceedings are unsustainable under law.

10. In view of the above, since the impugned proceedingsareunsus;tainable and wasissued in clear violation of Section 10 (1) ofthe Act,1905, thereis no purpose in keeping this[Writ][ Petition]unsus;tainable and wasissued in clear violation of Section 10 (1) ofthe Act,1905, thereis no purpose in keeping this[Writ][ Petition]

pending inviting counter and even after filing counter,theorderwould be the same. As such, this Court is inclined to allow the WritPetition at the admission stage itself.

11. Accordingly, the Writ Petition is allowed setting aside[the]proceedings dated 26.12.2023 issued by the 4^ respondent andthe matter is remanded to the 4th respondent. The 4th respondentshall passordersafresh,afteraffording anopportunityofpersonalhearingtothepetitioner,inaccordancewiththeprovisions of the Andhra Pradesh land ^Encroachment Act, 1905,within a period of one (1) month thereafter and communicate thesametothepetitioner. -Till suchexerciseis completed,therespondent autho;rities shall not evict the petitioner[from]thesubject land i.e., land in an extent of Ac.0.04 cents in surveyN0.1569-A of Chennampalli village fields, Badvel Mandal, YSRDistrict. There shall be no order as to costs.proceedings dated 26.12.2023 issued by the 4^ respondent andthe matter is remanded to the 4th respondent. The 4th respondentshall passordersafresh,afteraffording anopportunityofpersonalhearingtothepetitioner,inaccordancewiththeprovisions of the Andhra Pradesh land ^Encroachment Act, 1905,within a period of one (1) month thereafter and communicate thesametothepetitioner. -Till suchexerciseis completed,therespondent autho;rities shall not evict the petitioner[from]thesubject land i.e., land in an extent of Ac.0.04 cents in surveyN0.1569-A of Chennampalli village fields, Badvel Mandal, YSRDistrict. There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending, if anyin the Writ Petition, shall also stand closed.

To,/

//TRUE COPY//

SO/- SHAIK MOHD. RAFIASSISTANT REGISTRAR

AS-—SECTION OFFICER

1. ThePrincipalSecretary,RevenueDepartment,StateofAndhraPradesh, Secretariat Buildings, Velagapudi Guntur District.Pradesh, Secretariat Buildings, Velagapudi Guntur District.

2. The District Collector, Y.S.R District, Kadapa.

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3. The RevenueDivisionalOfficer,BadvelRevenueDivision,Y.S.RBadvelRevenueDivision,Y.S.RDistrict.

4. The Tahsildar, BadvelMandal, Y.S.R District.

5. One CC to SRI V R REDDY KOWURI Advocate [OPUCJ

6. Two CCS to GP for REVENUE, High.Court ofAndhraPradesh [OUT]Pradesh [OUT]

7. Three CD Copies

Madhu

MBT

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HIGH COURT

DATED: 29/12/2023

ORDER

WP.No.33575 of 2023

ALLOWING THE WPWITHOUT COSTS

"a:uo0 3 JUL 202')C5m^. Current Section.