M.M.PUNCHHI, SUHAS C.SEN
State of A. P. – Appellant
Versus
Merit Enterprises – Respondent
ORDER
1. The respondents were served with notice under Section 7 of the Andhra Pradesh Land Encroachment Act (for short "the Act") on the premise that the land under encroachment belonged to the Government and that the respondents were unauthorisedly occupying the same and proceeding to raise a building thereon. Right at the initiation of such proceedings, the respondents approached the High Court praying for a suitable writ/direction or order so as to quash that notice and proceedings. The High Court entertained the writ petition and granted an interim stay of further proceedings. The said interim order was questioned by the State of Andhra Pradesh in this Court. Here another interim order directing suspension of the said order of the High Court, pending the SLP, was passed. The SLP however, was dismissed in default; as a result whereof undisputedly the respondents were able to construct the building. The High Court when dealing with the main matter, took into account some government documents and on reconciling them with others, deduced that the land in dispute was not owned by the Government and hence initiation of proceedings under Section 7 of the Act was uncalled for. This ha
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