STATE OF ANDHRA PRADESH Vs. K SATYANARAYANA

JUDGEMENT

(1.) The writ petitioners-respondents have been declared to be in illegal occupation of a Government land. Pursuant to the directions of the Land Grabbing Tribunal, the Collector solely on account of compassion offered to settle the land with them on payment of compensation. The writ petitioners- respondents have not chosen however to take the settlement /assignment on such payment and instead, even according to the learned Counsel for the writ petitioners-respondents, have been protesting against the heavy demand of compensation. Since however, they were/are in illegal occupation and they have also not accepted the offer, action has been taken to remove the encroachment. Learned Single Judge has however, chosen to interfere with the Governmental action. Hence the appeal.

(2.) Heard. A person who is in illegal occupation of a property can have no excuse to continue the occupation without complying with the requirements of the settlement/assignment etc. Unless there is some invasion of a right of the writ petitioners-respondents they cannot get any order from this Court to protect their illegal occupation. Writ petition for the said reason is fit to be dismissed. We accordingly allow the appeal, set aside the Judgment of the learned Single Judge and dismiss the writ petition.

(3.) We however, make it clear that in case the writ petitioners-respondents are willing to accept the offer which has already been given to them and comply with the payment of compensation within a reasonable time, the Collector may consider to assign/settle the land with them. The Collector however shall wait for a period of 30 days before taking any cocercive action and give opportunity to the writ petitioners-respondents to vacate voluntarily or in the alternative to pay the compensation amount and obtain the assignment.