AI Structured Summary
Not yet generated for this judgment
Judgment
This Writ Petition is taken up by way of ‘Lunch Motion’.
The present Writ Petition is filed under Article 226 of Constitution of India seeking Writ of Mandamus to set aside Notice dated 03.08.2026 issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (For short ‘the Act’) and Section 6 of the Act dated 17.08.2026 and the final order bearing Roc No.B/112/2024 dated 17.08.2026 in respect of the Petitioners’ residential houses in Survey Nos. 326/2 of Ramireddypalli Revenue Village, Chandragiri Mandal, having an extent of about Ac.3.49 cents and consequently direct the respondents not to dispossess the petitioners or demolish their residential houses except by following due process of law.
Learned counsel for the writ petitioners submits that the petitioners have constructed their residential houses in the subject survey number and they have been living in their residential houses since long time. While so, on 03.08.2026, the Tahsildar, Chandragiri (Respondent No.4) has issued notices to all the petitioners under Section 7 of the Act by directing the petitioners herein to submit their explanations as to why the petitioners would be evicted from the lands which are encroached by them, which are notified as Government lands, within seven days from the date of receipt of the notices.
Learned counsel for the Writ Petitioners further submits that even though the date reflects on the notices as 03.08.2026, but the same were served upon the petitioners only on 14.08.2026. As per the notices, the time for submission of the explanation is seven days. Even without providing seven days time to submit their explanations to the notice dated 03.08.2026, the Tahsildar (Respondent No.4) had passed impugned final order bearing Roc.No.B/112/2024 dated 17.08.2026. He further submits that immediately after passing final orders, the respondents are taking steps for demolition of the houses of the petitioners, even without waiting for completion of statutory period of 60 days to challenge the final order passed by the Respondents by way of an Appeal under Section 10 (1) of the Act and the respondents demolished some of the houses contrary to the limitation envisaged for statutory appeal. Therefore, the petitioners are entitled to challenge the final order dated 17.08.2026 by way of an appeal. Hence this Writ Petition.
On the other hand, learned Asst. Government Pleader for Revenue submits that the petitioners were provided sufficient time to submit their explanations after issuance of Notice dated 03.08.2026 under Section 7 of the Act and impugned final orders were passed on 17.08.2026. Since there is no explanations from the petitioners the respondents have passed the final orders on 17.08.2026. After passing final order dated 17.08.2026, as the Petitioners have not preferred any appeals so far, the respondents are proceeded further for demolition of the same.
Heard arguments of both counsels and perused the material available on record.
The fact remains that even assuming the Notices under Section 7 of the Act dated 03.08.2026 were served upon the writ petitioners on 14.08.2026, but the impugned final orders passed on 17.08.2026 under section 6 of the Act and the same was served on the same day. As per the Section 11 of the Act, the petitioners are entitled to challenge the final orders passed under Section 6 of the Act by way of an Appeal under Section 10 (1) of the Act, within a period of 60 days. Once the Act specifically provided 60 days time to prefer statutory appeal, the respondents being public authorities shall ought to have await till completion of the statutory period to proceed further.
In this case, the final orders passed on 17.08.2026 and immediately after passing of final orders, the respondents have demolished some of the houses without providing opportunity to the petitioners to prefer an appeal under section 10 (1) of the Act, which is contrary to the statutory period as provided to file appeal. It is settled law that once the statutory appeal is provided within the period of 60 days under the Act, the respondents shall await till filing of the appeal, and if the petitioners failed either to prefer an appeal or to invite interim order against the impugned final orders within the limitation period, then the respondents shall have authority to proceed further in terms of the final orders passed on 17.08.2026.
In the instant case, the respondents have proceeded with the demolition of the houses in pursuant to the final orders without providing an opportunity for preferring an appeal by the petitioners which is contrary to the Sections 11 of the Act. In view of the above, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, by directing the respondents not to interfere or demolish the houses/structures of the Writ Petitioners till completion of statutory period to file an appeal as provided under Section 10 (1) of the Act. The Respondents are further directed to follow due procedure as contemplated under law, while demolishing the houses of the writ petitioners. The Writ Petitioners are at liberty to prefer an Appeal under Section 10 (1) of the Act by assailing the impugned final orders dated 17.08.2026.
Accordingly, this Writ Petition is disposed of. No order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.