KADIYALA SUDERSHAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for a mandamus to set aside notices bearing Rc. No. A/642/2012, dated 10.01.2013, of respondent No. 4. I have heard Sri Bhaskara Rao Bandarupalli, learned counsel for the petitioners, and the learned Assistant Government Pleader for Revenue (TA) appearing for the respondents.

(2.) The petitioners claim to be in possession of Ac. 1.20 cents in Survey No. 125/84, Ac. 1.22 cents in Survey No. 125/51 and Acs. 3.22 cents in Survey No. 125/86 respectively of Mangapet Village and Mandal. Respondent No. 4 issued notice in Appendix-XXXII-A of the A.P. Land Encroachment Act, 1905 (for short 'the Act'), wherein petitioner Nos. 1 and 3 were asked to vacate the land in Survey No. 125/1 and petitioner No. 2, the land in Survey No. 107/1. These notices have been questioned by the petitioners mainly on two grounds, namely, (1) that no order containing reasons was passed under Section 6 of the Act and (2) that the petitioners are not in possession of the lands in the above-mentioned two survey numbers which are referred in the impugned notices.

(3.) At the hearing, the learned Assistant Government Pleader for Revenue (TA), on instructions, submitted that even though the petitioners claim to be in possession of Survey Nos. 125/84, 125/51 and 125/86, they are actually in possession of the lands in Survey Nos. 1 25/1 and 107/1 and that therefore the impugned notices have been issued to them. She further stated that except Form -XXXII-A notice, no separate order has been passed by respondent No. 4.