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2011 Supreme(AP) 888

V.V.S.RAO, K.G.SHANKAR
The District Collector – Appellant
Versus
R. Venkataswamy Goud – Respondent


Advocates appeared:
For the Appellant: G.P-for Assignment.
For the Respondents:A. Narasimha Reddy, Advocate.

Judgment :

V.V.S. RAO, J.

1. The land admeasuring Acs.1.12 guntas in S.No.1005/KK situated at Gadwal is Government land (hereafter, subject land). It was part of the jagir known as Gadwal Samsthan. It was taken over by the Government in 1952 under Jagir Abolition Regulations. Smt.Lakshmidevamma, Maharani of Gadwal, had granted the land to M/s.Mahanandi and Lakshman Goud, the predecessors of the respondents (hereafter, the petitioners) for construction of a rice mill, namely, Mahanandeswara factory. The Tahsildar, Gadwal (the MRO) initiated eviction proceedings under the Andhra Pradesh Land Encroachment Act, 1905 (the Act). The notice dated 23.3.1984 was issued under Section 7 of the Act directing Lakshman Goud, husband of the second petitioner to show cause as to why he should not be evicted from the land and buildings constructed thereon. A month thereafter, on 22.4.1984, the Tahsildar issued order/notice under Section 6 of the Act directing eviction.

2. The petitioners filed appeal under Section 10(2) of the Act before the Sub-Collector. They contended that the original allottees raised structures six decades ago; after their death, successors have been in continuous occupation


































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