APHC010114802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6082/2025 Between: Pakalapati Seetharamaraju and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. T V S PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6082/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in proposing to dispossess the petitioners from an extent of Ac.0.60 cts in survey No.228/26 of Rebeka Village, Anakapalli Mandal and District pursuant to the notice dated 25.10.2023 in ref.RC.NO.444/2023/SA without considering the detailed explanation dated 04.11.2023 and the report of the surveyor dated 08.08.2024 as illegal, arbitrary and violative of principles of natural justice and contrary to the well established principles and also violative of the Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to dispossess the petitioners from the said extent and to consider the explanation submitted by the petitioners and drop further proceedings and pass such other order. 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that a black top road was formed in the zeroyithi land of the petitioners admeasuring to an extent of Ac.0.60 cents in Sy.No.228/27-A. The petitioners have not claimed any compensation. While so, the 4th respondent issued a notice under Section 7 of the Land Encroachment Act directing the petitioners to vacate the subject land. For which, the petitioners submitted a detailed explanation on 04.11.2023. But without considering the said explanation and without passing any 3 orders, the 4th respondent directed his subordinates to take the possession of the subject land. 4. Learned counsel for the petitioners further submits that the petitioners filed an application seeking the survey report and detailed sketch relating to the subject property. Pursuant to the same, the Mandal Surveyor inspected the said land and reported that the black top road is passing through survey No.228/27-1 which is a zeroyiti land and submitted his report to the 4th respondent on 08.08.2024. But the respondent authorities neither considered the explanation nor considered the report of the Mandal Surveyor. Hence, the present Writ Petition. 5. Learned Government Pleader for the respondents submits that the respondents will consider the explanation submitted by the petitioner and pass appropriate orders with reference to the report dated 08.08.2024, within a reasonable time. 6. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion the present Writ Petition can be disposed of directing the respondents to consider the explanation of the petitioners, if already not considered and pass appropriate orders with reference to the survey report dated 08.08.2024, within a period of two(2) months from the date of receipt of copy of this Order. Till 4 then, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 12.03.2025 TTPPSS 5 100 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6082 of 2025 12.03.2025 TTPPSS 6