Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 = declare the action of the respondent in issuing notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 dated 30.04.2012, as illegal and arbitrary as there is injunction orders against the Tahsildar in a suit pending in court .= under the guise of the order of temporary injunction, the petitioner is proceeding with the construction. It is not for this Court to go into the question whether or not the petitioner herein is justified in proceeding with the construction, as these are all matters which are subject matter of examination either in the Revision to be filed by the respondent or in the proceedings initiated under the Andhra Pradesh Land Encroachment Act, 1905. Suffice to observe that any construction, which the petitioner may make, would always be subject to the outcome of the proceedings initiated by the respondent under the A.P.Land Encroachment Act, 1905.

published in http://hc.ap.nic.in/csis/WP&mno=6024&year=2013

WP 6024 / 2013

WPSR 32314 / 2013

PETITIONER RESPONDENT SUNKARA VENATESWARLU, HYDERABAD   VS TAHASILDAR, HYDERABAD PET.ADV. : VENKAT REDDY DONTHI REDDY RESP.ADV. : GP FOR REVENUE SUBJECT: ENCROACHMENT DISTRICT:  HYDERABAD

 published in http://164.100.12.10/hcorders/orders/2013/wp/wp_6024_2013.html

THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN

WRIT PETITION No.6024 of 2013

ORDER:

The relief sought for in this writ petition is to declare the action of the respondent in issuing notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 dated 30.04.2012, as illegal and arbitrary.

 The petitioner herein filed a suit in O.S.No.263 of 2012 before the XI Junior Civil Judge, City Civil Court, Secunderabad against the Tahsildar with regards the subject land seeking permanent injunction. He filed I.A.No.379 of 2012 seeking temporary injunction. As  the said I.A. was dismissed by the Learned XI Junior Civil Judge, the petitioner preferred C.M.A.No.18 of  2012  and the learned
I Additional Chief Judge, City Civil Court, at Secunderabad, by his order  in C.M.A.No.18 of 2012 dated 19.12.2012, granted temporary injunction and allowed the C.M.A.  

The order passed by the Learned I Additional Chief Judge, City Civil Court, Secunderabad dated 19.12.2012 was more than eight months after the notice  under Section 7 of the Act was issued on 30.04.2012.

 While Sri Venkata Reddy Donthi Reddy, learned counsel for the petitioner, would submit that, though the petitioner had submitted a reply to the notice under Section 7 of the A.P.Land Encroachments Act, 1905 and despite an order of injunction having been granted against the respondent, the respondent was seeking to evict him from the subject land, 

Learned Government Pleader for Revenue (Telangana Area), on instructions, would submit that the respondent is taking steps to have the order of injunction passed in C.M.A. No.18 of 2012 set aside;  

it is only because of the order in the C.M.A that no orders were passed under Section 6 of the Act; and, till the order of injunction continues to remain in force and orders passed under Section 6 of the Act thereafter,  the respondent would not interfere with the possession  of the petitioner over the subject land. 

Learned Government Pleader would further submit that, under the guise of the order of temporary injunction, the petitioner is proceeding with the construction. 

It is not for this Court to go into the question whether or not the petitioner herein is justified in proceeding with the construction, as these are all matters which are subject matter of examination either in the Revision to be filed by the respondent or in the proceedings initiated under the Andhra Pradesh Land Encroachment Act, 1905.  

Suffice to observe that any construction, which the petitioner may make, would always be subject to the outcome of the proceedings initiated by the respondent under the A.P.Land Encroachment Act, 1905.

The Writ Petition is, accordingly, closed. The miscellaneous petitions, pending, if any, shall also stand closed. No costs.

_____________________________

(RAMESH RANGANATHAN,J)

05.03.2013

VSV/ASP