Encroachment on government land is unlawful, and long-standing possession does not confer rights when the land is classified as inundated and unsuitable for habitation.

ORDER :

B Krishna Mohan, J.

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents.

2. This writ petition is filed questioning the action of the respondent Nos.4 and 5 in trying to dispossess the petitioners without considering the petitioners’ long standing possession and peaceful enjoyment of the land in Sy.No.194/8, Upparapalli village, Ananthapuram Rural Mandal.

3. The learned counsel for the petitioners submits that some of the neighbours of the petitioners initially submitted a representation to the 2^nd respondent through the Public Grievance Redressal System (PGRS) with grievance No.ATP202411186622, dated 18.11.2024. This grievance was sent to the 3^rd respondent and the 4^th respondent for enquiry regarding the petitioners’ possession and enjoyment of the land in Sy.No.194-8 in an extent of Ac.12.05 cents, which is classified as Gramakantam land at Upparapalli Village Polam, Ananthapuram Rural Mandal, Ananthapuram District. A request was made to provide the electricity, water and roads. He also submits that when some of them approached this Court in W.P.No.2070 of 2025 with respect to the subject land therein to an extent of Ac.12.05 cents in Sy.No.194-8 of Upparapalli Village, Ananthapuram Rural Mandal, Ananthapuram District, there was an interim order of status quo obtaining as on that day till the next date of hearing. The learned counsel for the petitioners seeks similar relief by way of interim order.

4. On the other hand, the learned Assistant Government Pleader for Revenue, relying upon the written instructions of the 4^th respondent, dated 08.01.2026, submits that the land in Sy.No.194/1 to an extent of Ac.66.09 cents is classified as “Vanka” i.e. water body as per RSR. In the year 1983, the survey number has been sub-divided into 5 sub divisions. Sy.No.194-1 to an extent of Ac.5.71 cents, Sy.No.194-6 to an extent of Ac.25.35 cents, Sy.No.194-7 to an extent of Ac.4.00 cents, Sy.No.194-8 to an extent of Ac.18.85 cents and Sy.No.194-9 to an extent of Ac.11.18 cents.

5. Hence, the survey No.194-8 to an extent of Ac.18.85 cents is an inundated area of “Pandameru Vanka”. When the area is dried up, the 1^st petitioner provoked other petitioners to encroach the government lands and laid temporary tents with cloth and bamboo (not huts or not houses) in the survey No.194-8. Hence, notice under Section 7 of the ANDHRA PRADESH LAND ENCROACHMENT ACT , 1905 was issued to the encroachers on 01.07.2024 and notice under Section 6 of the ANDHRA PRADESH LAND ENCROACHMENT ACT , 1905 has been issued on 19.07.2024 to the encroachers. On 22.10.2024, when heavy rains occurred in Ananthapuram District, the encroached area in Sy.No.194-8 i.e. the subject land was completely inundated. The Survey No.194-8 is an inundated area of Pandameru Vanka and it is not feasible for construction of houses and encroaching the government land is an offence, hence, the request of the petitioners cannot be considered. He further submits that as the subject land is an encroached land in Sy.No.194-8, which is an inundated area of Pandameru Vanka and as it is not feasible for construction of houses, the request of the petitioners cannot be considered.

6. In view of the aforesaid facts and circumstances and upon consideration of the rival submissions made, no relief can be granted for the petitioners to continue any possession in the subject land as it is an inundated area and the part of Pandameru Vanka situated in Sy.No.194-8. That too the petitioners were issued eviction notice on 19.07.2024 under the provisions of ANDHRA PRADESH LAND ENCROACHMENT ACT , 1905. However, if the petitioners are landless poor persons and if they are eligible under any welfare scheme of the State for house site pattas, they are at liberty to make appropriate representations enclosing the necessary documents in support of their claim to the 2^nd respondent within a period of four weeks from the date of receipt of this or