Kona Gangamma vs The State Of Andhra Pradrsh
2022 Latest Caselaw 3012 AP

    HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

                MAIN CASE No:W.P.No.17828 of 2022

                         PROCEEDING SHEET

SL.             DATE                             ORDER                                   OFFICE
NO.                                                                                       NOTE
            28.06.2022
                          DR, J


                                  Heard    the      learned        counsel   for   the
                          petitioner(s) and the learned Government Pleader
                          for the respondents.

The present Writ Petition is filed questioning the notice dated 9.6.2022 issued under Section 6 of the A.P.Land Encroachment Act, 1905 .

Learned counsel appearing for the petitioner has brought to the notice of this court the observations made by this High Court in case between Kadiyala Sudershan v. Government of Andhra Pradesh1, wherein it is held that 'the notice of eviction prescribed under Section 6 of the Act, which is akin to a decree, needs to be supported by a reasoned order comparable to a judgment. Otherwise, Section 7 of the A.P.Land Encroachment Act, 1905 providing for issuance of a show-cause notice would be rendered nugatory or reduced to an empty formality'.

A perusal of the impugned order clearly discloses that it is not supported by a reasoned order. Hence, there shall be stay of all further proceedings in pursuance of impugned proceedings dated 9.6.2022 issued by the 4th respondent.

Post this case after four weeks.

____________ D.RAMESH,J PA.

    2013 (6) ALT 42
 SL.   DATE   ORDER   OFFICE
NO.                   NOTE