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2022 Supreme(AP) 756

PRASHANT KUMAR MISHRA, D. V. S. S. SOMAYAJULU
Rashtriya Vanara Sena – Appellant
Versus
State of Andhra Pradesh – Respondent


Judgement Key Points

Key Points: - The court directs authorities to identify unauthorized occupations/encroachments over endowment lands within two months and remove them within four months, following due process (!) . - The decision emphasizes providing notice and the opportunity of hearing to unauthorized occupants/encroachers as part of natural justice before removal (!) . - The judgment extends similar timelines and procedures to encroachments over lands belonging to Gram Panchayats, Municipalities, Forest, and Revenue Departments, with six months for Gram Panchayat lands and two months plus four months for other departments (!) . - The writ petitions are allowed with no costs, and pending miscellaneous applications are to be closed (!) . - The case concerns encroachment of endowment lands belonging to Sree Seetha Ramachandra Swamy Vari Devasthanam, requiring protective measures by state authorities (!) (!) . - The judgment references and implements constitutional and statutory directions to protect government and endowment lands from encroachments (!) (!) .

What is the obligation of authorities to identify and remove encroachments on endowment lands within a specified time frame?

What is the procedure and timeline for providing notice and hearing to unauthorized occupants/encroachers before removal of encroachments on endowment lands?

What are the directions issued to state authorities regarding identification and eviction of illegal occupancies on endowment lands and other government lands?


ORDER :

1. Heard the learned counsel for the parties and perused the record.

2. The issue raised in both these cases is concerning encroachment of endowment lands in Sy. Nos. 1 to 101 of Purushothapatnam Village, Yetapaka Mandal of Alluri Sitharama Raju District (formerly within East Godavari District), claimed to be belonging to Sree Seetha Ramachandra Swamy Vari Devasthanam, Bhadrachalam. Hence, both these cases are heard together and are being disposed of by this common order.

3. The prayer in W.P. (PIL) No. 169 of 2022 reads thus:

    “For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus in the larger interest of public declaring the action of the Respondents 1 to 10 in not safeguarding and not prohibiting illegal encroachments and illegal constructions by various land grabbers over the lands admeasuring Ac. 917-00 cents, situated in Sy. Nos. 1 to 101, Purushttamapatnarn village, Yetapaka mandal, Alluru Seetha Rama Raju District, State of Andhra Pradesh, belonging to Sree Sita Ramachandra Swamy Devasthanam, Bhadrachalam, as illegal, arbit

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