NADELLA NARAYANA PRASADA RAO Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-3-31
HIGH COURT OF ANDHRA PRADESH
Decided on March 18,1971

NADELLA NARAYANA PRASADA RAO Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) The petitioners seek a writ of Mandamus commanding the State of Andhra Pradesh and the Tahsildar, Gannavaram Taluk, respondents 1 and 2 respectively to refrain from enforcing the provisions of the Madras Land Encroachment Act, 1903 against them.
(2.) The material facts may be briefly stated here. The lands are situate in Vuyyuru which is an estate village in Vuyyuru estate. That estate was taken over by the Government under the Estates Abolition Act. These lands were purchased in the year 1922 by one Nadella Veerabhadraiah and Kopuru Kotaiah for Rs. 10,000/- from Akkineni Venkata Ratnam. When in 1929 survey was made, it was found that the land was in occupation of N. Virabhadraiah and K. Kotaiah, Pata No. 153 was granted to them accordingly and they continued to enjoy the land under the said patta. There was division between the two persons later and the Village Officers were collecting the wet cist from each sharer every year until now. The entire land is Ryoti land in respect of which the occupiers are entitled to pattas. The present petitioners acquired portions of the lands subsequently by virtue of purchases for valuable consideration. While so, the village officers issued petitioners 1 to 3 notices under Section 6 of the land Encroachment Act on 7-3-1970 calling upon them to vacate the lands mentioned in the notices. Thereupon, the petitioners filed this Writ Petition.
(3.) A number of contentions were raised, one of them being that the Madras Land Encroachment Act, 1903 is opposed to Article 14 of the Constitution. Now that a Bench of this Court upheld the validity of the Act, that argument is not pressed before me. The other two points stated in the writ petition are that the lands in respect of which the petitioners have vested rights under the Estates Abolition Act, 1948 and the Estates Land Act, 1908 and that without issuing notice under Section 7 in advance , the issuance of notice under Section 6 is invalid.;


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