2020[3]APHC 83 –

Whether his occupation is illegal or
unauthorized cannot be decided by this Court, at this stage,

since
the petitioner questioned the notice and action of respondents.
Issue of notice under Section 7 of the Act is permissible, if the
land is vested on the government by issuing Gazette notification
under Section 58 (2) of A.P Panchayat Raj Act, 1994, since
poramboke, gramakantam and other lands are deemed to have
been vested on the Gram Panchayat, on its constitution, in terms
of Section 53 of A.P Panchayat Raj Act, unless, any notification is
issued in the Gazette under Section 58 (2) of A.P Panchayat Raj
Act, divesting the land from Gram Panchayat and vesting on the
government, issue of notice under Section 7 of the Act cannot be
faulted.

Even assuming for a moment that the land is
gramakantam or poramboke within the village, no such
notification is placed on record.

Hence, the proposed action of
respondents without issuing any notification under Section 58 (2)
of A.P Panchayat Raj Act, as on the date of issuing notice under
Section 7 of the Act is a serious illegality.