Shaik Tatichetla Mahaboob Mastan vs The State Of Andhra Pradesh
2022 Latest Caselaw 2419 AP

         THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

                       WRIT PETITION No.13839 of 2022

ORDER:

This writ petition is filed challenging the proceedings vide

Rc.B.341/2020 dated 21.04.2022 issued by the 4th respondent

under Section 6 of Andhra Pradesh Land Encroachment Act,

1905 (for short "Act 1905")

The 4th respondent issued notice under Section 7 of the

Andhra Pradesh Land Encroachment Act 1905 to the petitioner

on 01.04.2022 in respect of Ac.0.25 cents in Sy.No.539-2, 3 & 4

of Vinjamur village and Mandal, SPSR Nellore District. To the

said notice, petitioner submitted explanation on 03.04.2022.

The 4th respondent issued the impugned proceedings under

Section 6 of the Act 1905, without considering the explanation

submitted by the petitioner.

The composite High Court of Andhra Pradesh in Kadiyala

Sudershan and others Vs. Government of Andhra Pradesh

and others1, held thus:

"From the scheme of the Act, this Court is of the opinion 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 Act providing for issuance of a show-cause notice would be rendered nugatory or reduced to an empty formality."

A perusal of the order impugned in the writ petitioner, it

doesn't contain any reason. A stereo-typed proceedings were

2013 (5) ALD 212

issued by the 4th respondent. As indicated supra, any order

passed under Sec 6 of the Act, should contain reasons whenever

explanation is submitted by the person in possession.

Since the impugned order under Section 6 of the Act

1905 does not contain any consideration of explanation

submitted by the petitioner, in view of the law laid by this Court

referred supra, the order vide Rc.B.341/2020 dated 21.04.2022

issued by the 4th respondent under Section 6 of the Act 1905 is

set aside. The matter is remanded to the 4th respondent to pass

appropriate order after considering the explanation submitted

by the petitioner dated 03.04.2022 and, if necessary, by afford

opportunity to the petitioner. Till such exercise is completed,

the 4th respondent shall not interfere with the possession of

petitioner in respect of subject land.

With the above directions, the writ petition is disposed of.

No costs.

As a sequel, all the pending miscellaneous applications

shall stand closed.

_________________________ SUBBA REDDY SATTI, J 6th May, 2022

PVD

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.13839 of 2022

Date 06.05.2022

pvd