D SIDDAPPA Vs. TASSILDAR DOMA MANDAL

JUDGEMENT

(1.) PETITIONERS 1 to 3 are brothers. They along with petitioners 4 and 5 filed instant writ petition challenging letter dated 23.12.2009 (hereafter, first impugned letter) and yet another letter dated 5.1.2010 (hereafter, second impugned letter) of the first respondent, namely, Tahsildar, Doma Mandal, Ranga Reddy District (hereafter, MRO). By first impugned letter, MRO requested second respondent, namely, Assistant Divisional Engineer, A.P. TRANSCO, Pargi to disconnect electricity connections, allegedly, of all petitioners and two others. By second impugned letter, MRO addressed third respondent, namely, Station House Officer (SHO), P.S., Doma, to register criminal case against petitioners 1 to 3 for violating provisions of Indian Penal Code, 1860 and Andhra Pradesh Land Encroachment Act, 1905 (Land Encroachment Act) and for causing damage to Doma Pedda Cheruvu (irrigation tank) (hereafter, DPC) in violation of orders of Revenue Divisional Officer, Chevella (hereafter, RDO) and MRO by drawing water into their fields and by drilling twelve bore wells depriving genuine ayacutdars (farmers) under irrigation tank.

(2.) IN the preliminary arguments, Counsel for petitioners was heard on 11.3.2010 and 23.3.2010. The Government Pleader for Revenue (TA) brought to the notice of this Court that petitioners encroached tank bed (sikham), that they were evicted from the land under the Encroachment Act by passing orders under Section 6 thereof, and that they again encroached the land, which necessitated two impugned letters. He sought time and filed counter-affidavit of first respondent on 13.4.2010. The matter was therefore heard finally with the consent of both the Counsel and is being disposed of at the admission stage itself.

(3.) THE then MRO, Doma, issued a notice dated 21.4.2005 under Section 7 of the Encroachment Act to all petitioners and other encroachers directing them to show- cause as to why they should not be summarily evicted from the said lands by issuing an order under Section 6 of the Encroachment Act and directed them to submit explanation within seven days from the date of receipt of the said notice. After receiving notice, some of the petitioners submitted their explanations. THE then MRO after considering explanations passed order vide Proceedings No.B/l44/04, dated 4.5.2005 directing eviction of encroachers. In pursuance thereof, the Mandal Revenue Inspector evicted all the petitioners and other encroachers on 11.5.2005 and resumed lands to the Government under cover of panchanama. Petitioners did not challenge eviction order passed by MRO by way of appeal under Section 10 of the Encroachment Act to the appellate authority. Thus, the eviction order became final. Petitioners have no right to cultivate the encroached tank bed land.