S LINGAMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this court under Article 226 of the Constitution of India, the petitioner has filed this writ petition, praying for the following reliefs:

(2.) In the affidavit, filed along with the writ petition, it is stated by the petitioner that he is the owner and possessor of an extent of Ac. 1-20 guntas of dry land in Sy.No. 102/1 of Hakeempet village, Golconda Mandal, Hyderabad, in Ward No.12, Block 'A', Town Survey No. 14/1, that prior to him the said land was in the possession of his father and grandfather, that the source of title was lost in antiquity, and that he had perfected his title to the said land by adverse possession. The petitioner states that the Tahsildar, Hyderabad, Urban Taluka, issued Pass Book of Record of Rights, Land Revenue, on 29-5-1970, and since then he has been paying the land revenue to the Government and is in possession of the land ; revenue receipts for the period from 29-6-1972 to 16-11-1991 supported by entries in the Ryotwari Pass Book, which according to him prove his long continuous uninterrupted possession.

(3.) While so, on 2-9-1993, alleging that the petitioner was in unauthorized occupation of Government land, a notice purported to be one under Section 7 of the A.P. Land Encroachment Act, 1905 (for short 'the Land Encroachment Act') was issued calling the petitioner to show cause by 16-9-1993 as to why he should not be evicted from the land in his occupation. The petitioner claims to have submitted his explanation to the said show cause notice on 14-9-1993 enclosing the xerox copies of the documents possessed by him. It is the case of the petitioner that the respondent-revenue authorities without passing any orders on the explanation submitted by him, have sought to evict him from the land, which is enclosed by a compound wall and a temple by name Maisamma Temple housed in it. According to the petitioner, the action of the respondent-revenue authorities in trying to dispossess him from the land in his occupation, is illegal and arbitrary, and thus sought for a direction or order, as aforesaid.