LAWS(APH)-2024-12-9

SHEK RASUL SAHEB Vs. STATE OF A.P.

Decided On December 12, 2024
Shek Rasul Saheb Appellant
V/S
STATE OF A.P. Respondents

JUDGEMENT

(1.) Heard Sri P. Anand Surya, learned Counsel appearing on behalf of Sri Suresh Kumar Reddy Kalava, learned Counsel for the Writ Petitioner and Sri J. Krishna Praneeth, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration.

(2.) The main prayer and the consequential prayer sought in the Writ Petition is as under:

(3.) The Impugned Notice dtd. 18/11/2024 (Ex.P.1) has been issued to the Writ Petitioners by invoking Sec. 6 of Act (Act 3 of 1905), i.e., Madras Act, whereas the statute that is applicable would be the Andhra Pradesh Land Encroachment Act, 1905 (for short the 'Act'). It appears that the Act 3 of 1905, i.e., Madras Act is originally the Madras Land Encroachment Act, 1905 and that after formation of the State of Andhra Pradesh, the same statute may have been adopted by the State of Andhra Pradesh. Once the process of adoption takes place, the Authorities are not entitled to invoke any provision of the Madras Land Encroachment Act, 1905 (Act 3 of 1905). It is submitted by the learned Counsel for the Writ Petitioners that the Official Respondents have directly issued Notice under Sec. 6 of the Madras Act, 1905 without following the indispensible statutory requirement of issuance of Notice under Sec. 7 of the A.P Land Encroachment Act, 1905. If this submission is factually correct that the Official Respondents have not issued the Notice under Sec. 7 of the A.P Land Encroachment Act, 1905, before issuing the Notice under Sec. 6 of the said Act, the Impugned Proceedings would get vitiated on this ground also. In any case, since the wrong Statute has been invoked, the Impugned Order is unsustainable.