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2013 Supreme(AP) 582

C.V.NAGARJUNA REDDY
Kadiyala Sudershan – Appellant
Versus
Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat – Respondent


Advocates appeared:
For the Petitioners:Bhaskara Rao Bandarupalli, Advocate.
For the Respondents: AGP for Revenue (TA).

Judgment :

This writ petition is filed for a mandamus to set aside notices bearing Rc.No.A/642/2012, dated 10.01.2013, of respondent No.4.

I have heard Sri Bhaskara Rao Bandarupalli, learned counsel for the petitioners, and the learned Assistant Government Pleader for Revenue (TA) appearing for the respondents.

The petitioners claim to be in possession of Ac.1.20 cents in Survey No.125/84, Ac.1.22 cents in Survey No.125/51 and Acs.3.22 cents in Survey No.125/86 respectively of Mangapeta Village and Mandal. Respondent No.4 issued notice in Appendix - XXXII-A of the A.P.Land Encroachment Act, 1905 (for short ‘the Act’), wherein petitioner Nos.1 and 3 were asked to vacate the land in Survey No.125/1 and petitioner No.2, the land in Survey No.107/1. These notices have been questioned by the petitioners mainly on two grounds, namely, (1) that no order containing reasons was passed under Section 6 of the Act and (2) that the petitioners are not in possession of the lands in the above-mentioned two survey numbers which are referred in the impugned notices.

At the hearing, the learned Assistant Government Pleader for Revenue (TA), on instructions, submitted that even though the petitioner






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