K.RANGA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed seeking to declare the action of the 3 respondent in proposing to conduct the public auction of the land admeasuring Ac.25-53 cents situated in Survey No. 316/2, Bodavada Mandagunta, Pachuru Mandal, Prakasam District, as illegal and arbitrary.

(2.) Heard the counsel for the petitioners and the Government Pleader appearing for respondents 1 and 2.

(3.) The counsel for the petitioners contends that the respondents are trying to dispossess the petitioners from the subject land without following any due process of law as is laid down in Ss. 83 to 85 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, "the Act") by conducting an auction for the land. The petitioner is an encroacher, admittedly. But his contention is that even in respect of an encroacher, the Act prescribes a procedure for encroachment. On the other hand, the contention of the Government Pleader is that the petitioners cannot be termed as Encroachers as they unauthorisedly occupied the land without any lease or licence.