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ANDHRA PRADESH HIGH COURT AT AMARAVATHI
M. Satyanarayana Murthy, J.
Shaik Najini - Appellant
Versus
State of Andhra Pradesh - Respondent
Writ Petition No. 14376 of 2021
Decided On : 21-07-2021
LAND ENCROACHMENT - A.P.L.E. ACT - SECTION 6 - NOTICE - ISSUANCE - REASONS - REQUIREMENT - SECTION 7 - SHOW-CAUSE NOTICE - OPPORTUNITY OF HEARING - NECESSITY - ADVERSE POSSESSION - TITLE TO PROPERTY - DISPUTE - SUMMARY EVICTION - PROHIBITION.
Fact of the Case:
Petitioner, in possession of land since 1988, challenged eviction notice issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (A.P.L.E. Act) without reasons and opportunity of hearing under Section 7. Petitioner claimed adverse possession and disputed the Government's title to the land.
Finding of the Court:
The court found that the notice under Section 6 of the A.P.L.E. Act was not supported by reasons as required by law and that the petitioner was not given an opportunity of hearing before the issuance of the notice. The court also noted that there was a genuine dispute as to the title of the property and that the petitioner had been in possession of the land for over 30 years, potentially establishing adverse possession.
Issues: 1. Whether the notice under Section 6 of the A.P.L.E. Act was valid without reasons and opportunity of hearing? 2. Whether the petitioner had perfected his title to the property by adverse possession?
Ratio Decidendi: 1. The court relied on the judgment in Kadiyala Sudershan and others v. Government of Andhra Pradesh, which held that an eviction notice under Section 6 of the A.P.L.E. Act must be supported by reasons and that the person in possession of the land must be given an opportunity of hearing before the issuance of the notice. 2. The court also considered the principle of adverse possession, which allows a person who has been in possession of land for a long period of time to acquire title to the land, even if they do not have a legal deed.
Final Decision: The court set aside the notice under Section 6 of the A.P.L.E. Act and directed the respondents not to dispossess the petitioner from the subject land until they take appropriate action in accordance with the law, including providing reasons for the eviction notice and giving the petitioner an opportunity of hearing.
JUDGMENT
1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
2. The case of the petitioner is that the petitioner’s family members are in possession and enjoyment of the land in an extent of Ac.0-06 cents in Sy.No.348-A of Kommipadu Village, Sydapuram Mandal, SPSR Nellore District since 1988 and since then they have been residing there by constructing a house. The petitioner is in continuous possession and enjoyment of the said land without any interruption from any corner whatsoever including the respondents herein and they obtained electricity connection and their house property was assessed by the Gram Panchayat, imposed house tax and they are paying electricity bill and house tax regularly.
3. While so, when the officials of the 4th respondent tried to evict the petitioner forcibly, the petitioner’s father along with three other similarly situated persons filed W.P.No.20859 of 2020 before this Hon’ble Court seeking a direction not to dispossess them from their respective house sites. This Court passed an interim order dated 17.11.2020 directing the respondents not to dispossess the petitioner therein from the subject land, if they are in possession of the subject land without following due process of law. The respondent authorities kept quiet for some time and on 02.07.2021, the 4th respondent herein, vide letter in Rc.B.114/2021, dated 02.07.2021, directed the Assistant Engineer, Electricity Department, Sydapuram to disconnect power supply to the electrical service connection bearing No.3112324000742 provided to the petitioner’s house as the land in Sy.No.348/A was handed over for construction of Village Secretariat. In turn the Assistant Engineer, Operations, APSPDCL, Sydapuram issued Lr.No.AG/0/Syd/F/D.No.760/21 dated 02.07.2021, informing that their electrical service connections will be disconnected within 7 days. Being aggrieved by the said action, this petitioner and three other similarly situated persons filed W.P.No.13218 of 2021 before this Court and the same was allowed by order dated 09.07.2021, setting aside the above two proceedings and directed the respondents not to dispossess the petitioner therein except by following due process of law.
4. Meanwhile, after passing the order, the 4th respondent issued Eviction Notice under Section (7) of Andhra Pradesh Land Encroachment Act III of 1905, (for short ‘A.P.L.E. Act’) vide Rc.B.114/2021 dated 02.07.2021, alleging that the petitioner is found to be in unauthorized occupation of the shop admeasuring Ac.0.05 cents situated in Sy.No.348-A of Kommipadu Village, Sydapuram Mandal, SPSR Nellore District.
5. In the schedule, classification of the land was mentioned as ‘Patta’ and the nature of occupation was mentioned as ‘Government Land Encroachment’. The said notice was served on the petitioner on 06.07.2021. Immediately the petitioner submitted his explanation on 08.07.2021 categorically stating that the said land is not Government land and he has been in possession and enjoyment of the land since 1988 and requested to drop the further proceedings.
6. Challenging the said notice issued under Section 7 of the Act, the petitioner filed W.P.No.14070 of 2021 on the ground that the 4th respondent has no power or authority to initiate proceedings under Andhra Pradesh Land Encroachment Act, 1905 as the said land is classified as ‘Pa
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