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1983 Supreme(AP) 396

Y.V.ANJANEYULU, K.MADHAVA REDDY
Special Dy. Collector – Appellant
Versus
Konda Lakshman Bapuji – Respondent


Judgement Key Points

Question 1? What is the effect of bonafide dispute of title on the applicability of the Andhra Pradesh Land Encroachment Act Sec 6? Question 2? What is the proper forum and procedure for eviction where there is a registered lease and long-standing possession? Question 3? What are the judicial requirements for issuing notices under Sec 7/8 of the AP Land Encroachment Act in the context of existing leases?

Key Points: - (!) The petitioners have long-standing, open possession under registered lease deeds since 1956, claimed as permanent lessees. - (!) There is a bonafide dispute of title between the Government and the writ petitioners, requiring adjudication by ordinary courts, not unilateral government eviction. - (!) The government cannot evict summarily under Sec 6 of the AP Land Encroachment Act when there is a bona fide dispute of title. - (!) The Tahsildar is not empowered to conduct an enquiry leading to eviction where title disputes exist; proceedings under the Act cannot be taken. - (!) Notices under Sec 7/8 of the Act were issued long after the petitioners' possession commenced, indicating consideration of long possession and lease deeds. - (!) The matter affirms that eviction must proceed through impartial adjudication in ordinary courts, not via unilateral statutory enforcement by the government. - (!) The writ appeals are dismissed; petitioners cannot be evicted under the Act in the circumstances presented. - (!) References to Meharunnissa Begum v. State of AP and Govt. of AP v. T Krishna Rao support the stance against summary eviction in the presence of title disputes. - (!) The land in question is not part of a public road or similar public asset, affecting applicability of summary eviction. - (!) The full reasoning culminates in affirming that the proceedings under the AP Land Encroachment Act cannot be taken and no enquiry can be held by the Tahsildar.

Question 1?

What is the effect of bonafide dispute of title on the applicability of the Andhra Pradesh Land Encroachment Act Sec 6?

Question 2?

What is the proper forum and procedure for eviction where there is a registered lease and long-standing possession?

Question 3?

What are the judicial requirements for issuing notices under Sec 7/8 of the AP Land Encroachment Act in the context of existing leases?


( 1 ) THESE two writ appeals, filed by the Special Deputy Collector, Land eviction, Hyderabad, and the Tahsildar, taluk Urban, Hyderabad, arise out of a common judgment allowing writ petitions no 1414 and 1413/77. The respondents are the writ petitioners Notices under sec. 8 of the A P Land Encroachment Act were issued to the petitioners in W P no 1414/77 and 1413/77 on 1-5-73 and 3-6-76 respectively, calling upon them to show cause why they should not be evicted from certain extents of land in khairatabad village forming part of S Nos 9/15, 9/16 and 9/17. They submitted their representations on 11-6-76 claiming that they are in possession of the land as permanent lessees under two separate registered lease deeds executed on 8-12-56. The petitioners complain that the authorities are seeking to evict them even before the completion of the enquiry and found to be encroachers within the maaning ot the act The petitioners prayed for a writ of mandamus restraining the respondents from evicting and interfering with their possession. The case of the petitioner in W P No 1414/77 is that under the agreement dated 28-11-52 he was inducted into possession as a permanent lessee and thereafter




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