IMPORTANT POINT
The Act 1905 is applicable to the Scheduled Areas and can be used for eviction of illegal encroachments by non-tribal persons.

ORDER:

Heard Mr. Raghavendra Reddy K.L.N., learned counsel representing Mr. Sanjeev Gillella, learned counsel for the petitioners and learned Government Pleader for Revenue appearing on behalf of the respondents.

2. This writ petition is filed to issue a writ of certiorari declaring the order dated 22.08.2022 in Case No.44 of 2022 passed by respondent No.2 in dismissing the appeal filed by the petitioners stating that the land to an extent of Acs.6-12 guntas in Survey No.298/1 of Gudur Village fields, Gudur Mandal, Mahabubabad District is Government Land and consequential direction to respondent No.4 to safeguard the Government land from further encroachment as illegal and arbitrary and consequently set aside the said order.

3. According to the petitioners, petitioner No.1 had purchased the land admeasuring Acs.6-12 guntas in Survey No.298/1 of Gudur Village fields, Gudur Mandal, Mahaboobabad District, which is hereinafter referred to as ‘subject land’, in the year 1968. Petitioner Nos.2 and 3 are his son and daughter-in-law, respectively. Since the date of purchase, the petitioners are in possession and enjoyment of the subject land. They have filed copies of tax receipts in proof of the same.

4. Respondent No.4 issued a notice Rc.No.B/189/2017, dated 24.04.2017 under Section - 7 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred to as ‘Act, 1905’) to petitioner No.3 and the wife of petitioner No.1 - Smt. Pingili Poolamma, stating that they have encroached into the Government land and, therefore, respondent No.4 sought explanation from them as to why they shall not be evicted from the subject land.

5. The petitioners filed a writ petition vide W.P. No.17255 of 2017 challenging the said notice. Vide order dated 25.05.2017, this Court disposed of the said writ petition granting liberty to the petitioners to submit explanation to the said notice. This Court also directed respondent No.4 to consider the said explanation to be submitted by the petitioners and pass appropriate orders in accordance with law. Till passing such orders, status quo with regard to the possession to be maintained.

6. In compliance with the said order, the petitioners herein have submitted explanation on 19.06.2017 stating that they are in continuous possession of the subject land from 1968, there is standing crop and that they have been paying tax etc. However, respondent No.4 passed the eviction orders dated 08.03.2022 directing the petitioners to vacate the land.

7. The petitioners filed W.P. No.14527 of 2022 challenging the said eviction orders dated 08.03.2022. This Court vide orders dated 22.03.2022 disposed of the said writ petition directing respondent No.4 to maintain status quo obtaining as on that date till the expiry of thirty (30) days from the said date, and within such period, the petitioners shall take steps to prefer an appeal challenging the said order of eviction dated 08.03.2022 passed by respondent No.4. Liberty was also granted to them to move suspension/stay petition before respondent No.3 in the appeal.

8. In compliance of the said order, the petitioners have filed an appeal under Sections - 10 (1) and 10 (2) of the Act, 1905 challenging the eviction order dated 08.03.2022 issued by respondent No.4 before respondent No.3. Vide order dated 07.05.2022, respondent No.3 dismissed the said appeal. Feeling aggrieved and dissatisfied with the said order, the petitioners have preferred an appeal in Case No.44 of 2022 before respondent No.2. They have also filed an application seeking to stay the order dated 07.05.2022 of respondent No.3. They have also filed a writ petition vide W.P. No.23943 of 2022 seeking a direction to respondent Nos.2 to 4 not to dispossess them from the subject property during pendency of the said appeal. Vide order dated 26.05.2022, this Court disposed of the said writ petition directing respondent N