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2012 Supreme(AP) 1253

L.NARASIMHA REDDY
Krishna 70 MM Theatre – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary (Revenue) Secretariat – Respondent


Advocates Appeared:
For the Petitioners:M.S. Prasad, representing V. Lakshman Rao, Advocates.
For the Respondent:R1 to R3, Advocate General, R4, C. Narender, Advocate.

Judgment :

The petitioners are proprietary concerns and Cinema Theatres at Miyapur. The Tahsildar, Sherlingampalli Mandal – 3rd respondent, issued a show-cause notice under Section 7 of the A.P. Land Encroachment Act (for short ‘Land Encroachment Act’) on 10-09-2010 alleging that the petitioners constructed a building covering the Full Tank Level (FTL) of an irrigation tank and a Nala to an extent of Ac.0.04 guntas of land in Survey No.71 of Miyapur Village. According to him, the property so encroached is vested in the Government under Section 24 of the A.P. (Telangana Area) Land Revenue Act (for short ‘Land Revenue Act’). The petitioners were required to show cause as to why, they be not evicted from the encroached portion of the land.

2. The petitioners submitted explanation on 25-09-2010. It was stated that the theatres were constructed on the basis of a permission granted by the Government of Andhra Pradesh and the Joint Collector, Ranga Reddy District under the A.P. Cinema (Regulation) Act, 1955, and the Rules made thereunder. The petitioners also stated that a writ petition, taken up as Public Interest Litigation (PIL), challenging the permission accorded to them was dismissed


















































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