Andhra Pradesh High Court - Amravati
Batchula Srinivasa Rao vs The State Of Andhra Pradesh on 6 January, 2021
Bench: D Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.329 of 2021
ORDER:
The Writ Petition is filed under Article 226 of Constitution of India
seeking to declare the action of the respondents in trying to evict the
petitioner from the land of an extent of Ac.2.50cents in Rs.No.443/3 of
Guduru Village and Mandal, Krishna District under notice bearing
Rc.A.343/2020 dt.27.02.2020 under the provisions of Sec.7 of A.P.Land
Encroachment Act 1905 terming the petitioner as encroacher of the said
land is wholly arbitrary, illegal and consequently set aside the same.
2. The petitioner claim that he is eking out his livelihood by doing
agricultural coolie works and he is the absolute owner and possessor of
the subject land in R.S.No.443/3 of Guduru Village and Mandal, while so,
respondent no.3 without any jurisdiction issued notice u/Sec.7 of Andhra
Pradesh Land Encroachment Act, 1905 requiring the petitioner to show
cause as to why the petitioner shall not be evicted from the land
mentioned in the said notice.
3. Learned Counsel for the petitioner submits that the said notice
issued by the 3rd respondent is without jurisdiction in as much as the land
in question is gramakantam land. He further submit that the3rd
respondent has no jurisdiction with regard to Gramakantam lands and
places reliance on the judgment in W.P.no.1674 of 2020 dated
30.01.2020 and W.P.No.11598 of 2020, dated 16.7.2020.
4. As seen from the notice dated 27.02.2020, the land in R.S.no.443/3
of Guduru Village is described as Gramakantam land. Therefore, such
Gramakantam is deemed to have been vested in the Gram Panchayat on
its constitution in terms of Section 53 of A.P.Panchayat Raj Act and it is
for the Gram Panchayat to take any action in respect of the said land.
5. It is represented that the issue is covered by orders passed in
W.P.No.1675 of 2020 dt.30.01.2020 and W.P.No.11598 of 2020 dt.
16.7.2020 and the present writ petition can be disposed of in terms of the
said orders. In the said writ petitions, while dealing with proceedings
under the A.P.Land Encroachments Act, this court, set aside the
proceedings initiated under the said Act by the Tahsildar and left it open
to the Gram Panchayat to take appropriate steps. In the present case, the
revenue records would reveal that the land in question is classified as
Gramakantam and therefore 3rd respondent has no authority or
jurisdiction in respect of the same.
6. In view of the law laid down by the erstwhile Common High Court in
Sadguru Vijaya V. State of Andhra Pradesh1 and also in terms of the
orders in the writ petitions referred to above, the impugned notice dated
27.02.2020 is liable to be set aside, as the 3rd respondent has no
jurisdiction to take steps to evict the petitioner from the land in question.
7. In view of the same, the writ petition is allowed and the notice
dated 27.02.2020 issued by the 3rd respondent is set aside. However, it
is open to the concerned Gram Panchayat to take appropriate steps, if
required, in respect of the land in question.
8. Accordingly, the writ petition is allowed. No costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in
this Writ Petition shall stand closed.
Registry is directed to annex a copy of the order in W.P.No.1675 of
2020 dated 30.01.2020.
________________
JUSTICE D. RAMESH
Date: 06.01.2021
RD
2015 (4)ALD 88
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.329 of 2021
Dated 06.01.2021
RD
