M KOTAYYA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE point involved in this writ petition is as to whether any person occupying the property of another person and constructing houses thereon be subjected to eviction under the provisions of Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (A.P.Act No. 1 of 1973) on the bound that the same is treated as excess land under the above Act. 67 petitioners have filed this writ petition seeking a direction that taking of lands comprising S.Nos.365/2,267,268,269 and 224 situated at Siva Ganga township, Machlipatnam under the provisions of A.P.Act.No.l of 1973 is illegal and arbitrary. It is their case that they had been in longstanding occupation and enjoyment of the same by constructing houses. THE said land belonged to Raja of Challapally. As the said Raja owned extensive agricultural properties, the said lands were coming within the purview of the above Act. THE above Act came into operation from 1-1-1975 on issuance of notification even though it was enacted in the year 1973. But, if the land was not an agriculture and as on the date of the commencement of the Act. but long before i.e. during 1950's and was already occupied by other persons other than the declarant and constructed their houses, by no stretch of imagination, can it be construed as an agricultural land, as the same was already put t o non-agricultural use by raising structures, semi-structures or huts, as the case may be. May be, the status of the petitioners of such occupation was not of real owners, but was of encroachers, but the lis was only in between the real owner/declarant and the petitioners and the petitioners and the Government had no say as before the advent of the provision of A.P.Act.No.1 of 1973, the Government was not at all in picture. Perfection of the rights of the petitioners as adverse possessors or otherwise has also got no bearing on this issue, as it is sufficient if the land was put to non-agricultural use atleast by the year 1970. In the instant case, in the counter filed, at paragraph 17, it is admitted that there are totally 83 houses and the petitioners 1 to 67 are admittedly in occupation of the houses out of 83 houses and as such, the said houses have got to be excluded from the purview of A.P.Act.No.l of 1973. THE petitioners cannot be evicted from their respective houses inspite of the fact that it was erroneously shown to be a part of the excess land. By such erroneous computation, the lands under the houses occupied by the petitioners and which never vested in the Government under A.P.Act.No.1 of 1973 and which in fact did not come within the purview of the said Act, cannot be taken over by the Government under the guise that they are declared as excess lands under A.P.Act.No. 1 of 1973. THE computation in that regard is void ab ihitio and is non est.

(2.) IN the circumstances, the rule is made absolute and there shall be a writ issued to the respondents not to evict the petitioners from their respective houses. The Writ petition is allowed. No costs.