Andhra Pradesh High Court - Amravati
Dr. Ramesh Nath Lingutla vs Thumma Omkar on 20 April, 2022
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY
WRIT APPEAL No.206 of 2022
(Through physical mode)
Dr. Ramesh Nath Lingutla, S/o L.P. Rangappa,
aged about 70 years, R/o H.No.18-1-505/C,
Mosque Road, V.V. Mahal, Tirupati Town,
Chittoor District & others.
.Appellants
Versus
Thumma Omkar, S/o Narasimha Rao,
aged about 35 years, Occ: Cultivation and
Social work, R/o 22-13-47, Ambedkar Colony,
Autonagar, Tirupati, Chittoor District and others.
...Respondents
Counsel for the appellants : Mr. V. Eswaraiah Chowdary
Counsel for respondent Nos.1 to 3 : Mr. Srinivasulu Kurra
Counsel for respondent Nos.4 & 5 : GP for Irrigation.
Counsel for respondent Nos.6 to 8 : GP for Revenue.
ORAL JUDGMENT
Dt:20.04.2022
(per Prashant Kumar Mishra, CJ)
This appeal has been preferred against the order dated 29.12.2021
passed by learned single Judge in W.P.No.15511 of 2021.
2. The above writ petition was filed seeking to declare action of the
respondents therein in not conducting enquiry for removal of
encroachments over Channel in Sy.Nos.38, 37, 34, 36, 23 (Road) and 25
of Chandragiri and Sy.Nos.271, 256, 415 of Thondawada (V),
Chandragiri(M), Chittoor District pursuant to representation dated
22.03.2021 and 19.07.2021, as illegal and arbitrary and consequently, to
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W.A.No.206 of 2022
direct the respondents to remove all the encroachments. By the order
under appeal, the above writ petition was allowed. The operative portion
of the order under appeal reads as follows:
"In the result, this Writ Petition is allowed
directing the official respondents to remove the
encroachments covering the channel in Sy.Nos.38,
37, 34, 36, 23 (Road) and 25 of Chandragiri and
Sy.Nos.271, 256, 415 of Thondawada Villages,
Chandragiri Mandal, Chittoor District, following due
process of law only in case of such encroachments
existing as on the date of filing this writ petition.
If any new structures have come up in the above
lands during pendency of this writ petition, they
shall be summarily removed. Any further structures
in the aforesaid lands shall not be permitted to raise.
Raising any structures on the above lands is
restrained and barred. Inspite of this order, if any
structures are raised upon encroaching, the official
respondents are at liberty and empowered to
remove them, without issuing prior notice.
The official respondents are further directed to
put up sign-boards at all the vintage points on these
lands which they deem appropriate, bringing to the
notice of public in general of this restraint order and
also publish in prominent local news papers which
are in circulation in Tirupati, Chandragiri and
Thodawada warning the public in general and
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W.A.No.206 of 2022
possible action in case of encroachment or attempt
of grabbing the above stated lands. No costs."
3. The appellants herein are respondent Nos.7 to 15 in the writ
petition.
4. Learned counsel for the appellants submits that some of the
appellants had purchased part of the subject land whereas some others
have been in possession and enjoyment of part of the subject land since a
long time and they are not the encroachers. He would submit that the
order under challenge affects the rights of the appellants inasmuch as
they have been removed in execution of the writ issued in the writ
petition. He would further submit that some of the appellants have
already approached the civil court wherein temporary injunction has been
granted in their favour.
5. Perusal of the order under challenge would indicate that writ
petitions filed by some of the appellants earlier viz., W.P.Nos.23996 and
23984 of 2021 have already been disposed of by this Court. Further, it
would indicate that notice under Section 7 of the Andhra Pradesh Land
Encroachment Act, 1905 (for short, 'the Act') has already been issued to
the encroachers. If that be so, the persons, who are said to have
encroached the Government land, will have an opportunity to contest the
notice issued under Section 7 of the Act. Moreover, a civil suit is also
pending before the jurisdictional civil court.
6. In view of the above, we are not inclined to entertain this writ
appeal.
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W.A.No.206 of 2022
7. Accordingly, the writ appeal is dismissed. However, the appellants
are entitled to participate in the proceedings initiated under the Andhra
Pradesh Land Encroachment Act. No costs. Pending miscellaneous
applications shall stand dismissed.
PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J
Nn
