POOSARLA MADHUSUDHANA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India seeks to issue writ of mandamus declaring the action of respondent no.3 in passing eviction orders in Rc.No.1912/2023/A, dt.21/10/2023 under the provisions of Andhra Pradesh Land Encroachment Act, 1905 without considering his explanation is illegal, arbitrary, irregular besides violative of Article 21 and 300 (A) of the Constitution of India and consequently set-aside the same.

(2.) Sri Sriman, learned counsel for the petitioner would submit that the society purchased the subject property in the year 2001 and layout was approved by the VUDA. His vendor purchased the property in the year 2010 and the petitioner purchased the subject property by way of Registered Sale Deed on 16/8/2012. Respondent No.3, without there being any dispute, issued a notice under the Andhra Pradesh Land Encroachment Act, 1905 calling explanation from the petitioner and then passed Order without considering his explanation giving a week days' time to vacate from the schedule property.

(3.) Learned counsel in support of their contention placed reliance on the Judgment of the Hon'ble Apex Court in Government of Andhra Pradesh vs. Thummala Krishna Rao and another (1982) 2 Supreme Court Cases 134, wherein His Lordship observed at para No.10 which is extracted as under: