- (1.) PETITIONERS 1 to 3 are brothers. They along with petitioners 4 and 5 filed instant writ petition challenging letter dated 23.12.2009 (hereafter, first impugned letter) and yet another letter dated 5.1.2010 (hereafter, second impugned letter) of the first respondent, namely, Tahsildar, Doma Mandal, Ranga Reddy District (hereafter, MRO). By first impugned letter, MRO requested second respondent, namely, Assistant Divisional Engineer, A.P. TRANSCO, Pargi to disconnect electricity connections, allegedly, of all petitioners and two others. By second impugned letter, MRO addressed third respondent, namely, Station House Officer (SHO), P.S., Doma, to register criminal case against petitioners 1 to 3 for violating provisions of Indian Penal Code, 1860 and Andhra Pradesh Land Encroachment Act, 1905 (Land Encroachment Act) and for causing damage to Doma Pedda Cheruvu (irrigation tank) (hereafter, DPC) in violation of orders of Revenue Divisional Officer, Chevella (hereafter, RDO) and MRO by drawing water into their fields and by drilling twelve bore wells depriving genuine ayacutdars (farmers) under irrigation tank.
(2.) IN the preliminary arguments, Counsel for petitioners was heard on 11.3.2010 and 23.3.2010. The Government Pleader for Revenue (TA) brought to the notice of this Court that petitioners encroached tank bed (sikham), that they were evicted from the land under the Encroachment Act by passing orders under Section 6 thereof, and that they again encroached the land, which necessitated two impugned letters. He sought time and filed counter-affidavit of first respondent on 13.4.2010. The matter was therefore heard finally with the consent of both the Counsel and is being disposed of at the admission stage itself. The case of petitioners is as follows. Petitioners own agricultural lands in Khammam Nacharam Village of Doma Mandal. Petitioners 1 to 3 allegedly own Acs.2.30 guntas, Acs.2.00 and Acs.2.20 guntas respectively. The fourth petitioner allegedly has Acs.2.20 guntas and fifth petitioner has Ac. 1.00. These lands are alleged to be in Survey No.36 of the village. It is their case that they were granted patta under Laoni Rules, 1950 on 31.5.1978. They also state that their lands are situated faraway from the tank bed of DPC and in 1978 their lands did not form part of sikham. RDO issued notice on 19.11.2005 stating that first petitioner is cultivating Acs.40.00, second petitioner is cultivating Acs.5.00, third petitioner is cultivating Acs. 10.00, fourth petitioner is cultivation Acs. 10.00 and fifth petitioner is cultivating Acs.2.00. They were called upon to show- cause as to why they should not be evicted and crops confiscated. They submitted explanation on 22.12.2005. On 8.2.2006, RDO passed orders cancelling pattas under Rule 19 of Laoni Rules. First respondent was authorized to resume the lands. Petitioners then filed revision before Joint Collector. While the revision is pending, first respondent sent impugned letters. Petitioners contend that they were granted laoni pattas, that they cannot be evicted without following procedure prescribed thereunder, that the land in their possession does not form part of sikham of DPC and that the procedure adopted by MRO in requesting A.P. TRANSCO and SHO, Doma, amounts to violating petitioners' rights under Article 19(l)(g) and 300A of the Constitution of India. In the counter-affidavit of MRO, the following allegations, averments and factual aspects are brought out. The entire land admeasuring Acs. 171.13 guntas in Survey No.36 of Khammam Nacharam Village is classified as Government sikham land locally known as DPC. First petitioner's family having patta land adjacent to Survey No.36, illegally encroached Government sikham land in Survey No.36. The Water Users Association in its representation dated 17.3.2005 brought to the notice of the District Collector, Ranga Reddy District and the RDO, Chevella and to the notice of first respondent about illegal encroachment on the sikham land. The then MRO, Doma, issued a Memo No.B/144/04, dated 17.2.2005 to the Mandal Surveyor, Doma directing survey. The Mandal Surveyor and the Deputy Inspector of Survey, Chevella Division along with the Mandal Revenue Inspector surveyed and demarcated entire sikham land in S.No.36 and land in S.No.74 and submitted a report on 26.2.2005 with the following particulars.
(3.) THE then MRO, Doma, issued a notice dated 21.4.2005 under Section 7 of the Encroachment Act to all petitioners and other encroachers directing them to show- cause as to why they should not be summarily evicted from the said lands by issuing an order under Section 6 of the Encroachment Act and directed them to submit explanation within seven days from the date of receipt of the said notice. After receiving notice, some of the petitioners submitted their explanations. THE then MRO after considering explanations passed order vide Proceedings No.B/l44/04, dated 4.5.2005 directing eviction of encroachers. In pursuance thereof, the Mandal Revenue Inspector evicted all the petitioners and other encroachers on 11.5.2005 and resumed lands to the Government under cover of panchanama. Petitioners did not challenge eviction order passed by MRO by way of appeal under Section 10 of the Encroachment Act to the appellate authority. Thus, the eviction order became final. Petitioners have no right to cultivate the encroached tank bed land. It is also stated that as petitioners claimed that they were granted assignment of small extents but encroached large extents under the guise of laoni patta allegedly granted on 31.5.1978, MRO by Communication No.B/144/04, dated 23.4.2005 submitted a report to RDO. The RDO after providing an opportunity to all petitioners passed an order in Letter No.D/ 2390/06, dated 8.2.2006 to the effect that petitioners encroached sikham land and they cannot claim assignment in sikham land nor they are entitled to cultivate the land. Petitioners filed a petition before the Joint Collector-1, Ranga Reddy District, under Section 158 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F. The Joint Collector granted stay in Proceedings No.D 1/2538/06, dated 12.5.2006, directing MRO not to cut standing crop in Survey Nos.37 and 188, if it is a private land, until further orders. Petitioners claim the rights in respect of lands in Survey No.36 is not true. The Joint Collector did not grant any stay. They encroached the land in Survey No.36 to the extent of Acs.71.00 and laoni patta was never granted in respect of the said lands.;