PRL. SECY, REVENUE DEPT. Vs. B.NMANGA DEVI

JUDGEMENT

(1.) This intra court appeal is filed by the State challenging the order, dtd. 12/8/2011, passed by the learned Single Judge in Writ Petition No.17165 of 2011.

(2.) Heard Mr. T. Srikanth Reddy, learned Government Pleader for Revenue (appearing for the appellants) and Mr. A.Sudershan Reddy, learned Senior Counsel representing Mr. P.Roy Reddy, learned counsel for the respondents.

(3.) Facts giving rise to filing of this appeal briefly stated are that respondent No.1-Smt. B.N.Manga Devi and respondent No.2-Shri B.N.Srinivasan have purchased two pieces of land in Survey No.32 of Saidabad Village forming part of Municipal Corporation area admeasuring 108.69 Sq. Mtrs and 309.35 Sq. Mtrs respectively vide two registered sale deeds, dtd. 29/7/1980, bearing Nos.775/81 and 8101/80. They purchased the said extents of land from one Shri G.Balaiah, who in turn purchased from one Shri Lakshminarayan, under registered sale deed, dtd. 17/12/1977, bearing document No.1449/80. As per averments made in the writ petition, residential structures exist on the said lands and are assessed to municipal property tax and have been provided with electricity, water and drainage connections. The Tahsildar issued notices to both the respondents on 28/4/2011 under Sec. 7 of the Andhra Pradesh Land Encroachment Act, 1905 on the ground that they are in unauthorized occupation of Government land and proceeding was initiated on 7/6/2011. Thereafter attempts were made to evict the respondents, thereupon they have approached the writ court.