Writ Petition No. 21792 of 2010 · Andhra Pradesh High Court
Case at a glance
- Bench
- R SUBHASH REDDY
Outcome
Disposed of
Subject to the above directions, the writ petition is disposed of
Provisions considered
Judgment
In this writ petition, petitioner questions the action of the second respondent – Revenue Divisional Officer, Visakhapatnam, in not accepting the appeal preferred by him on the ground that there is a discrepancy in the extent of land alleged to be in his encroachment. On the ground that the petitioner was in encroachment of the Government land in Survey No.75/1 of Rebaka Village, the third respondent – Tahsildar, Anakapalli Mandal, Visakhapatnam District, initiated proceedings under the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’). After issuing show cause notice, a notice, dated 25.04.2010 under Section 6 of the Act was issued to the petitioner. In the said notice, it is stated that he is in encroachment of an extent of Ac.0.15 cents of land. It is submitted that he has preferred appeal stating that it is not an encroachment of Ac.0.15 cents but it is Ac.0.03 cents of land. On the aforesaid discrepancy, the appellate authority is not receiving the appeal. Under the scheme of the Act, against the notice issued under Section 6 of the Act, there is a remedy of appeal to the aggrieved person under Section 10 of the Act before the Revenue Divisional Officer. With regard to discrepancy in the extent of land is a matter to be considered while considering the appeal being preferred by the petitioner but at the outset, the appellate authority cannot refuse to receive the appeal on the ground that there is a discrepancy in the extent of land encroached by the petitioner. Having regard to the nature of relief sought in this writ petition, I deem it appropriate to direct the second respondent to receive the
appeal to be presented by the petitioner aggrieved by the notice, dated
Operative part
25.04.2010, issued under Section 6 of the Act, without raising any objection with regard to discrepancy, and dispose of the same on merits, as expeditiously as possible, preferably. Subject to the above directions, the writ petition is disposed of. No order as to costs. 2nd SEPTEMBER, 2010. ______________________ R.SUBHASH REDDY, J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Subject to the above directions, the writ petition is disposed of
Which statutory provisions did this judgment involve?
Andhra Pradesh Land Encroachment Act, 1905.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.