APHC010115292020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6968/2020 Between: Ch.venkataramanamma (died) and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. G SRIDHAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. ADDL ADVOCATE GENERAL 2 The Court made the following: The present writ petition is filed seeking the following relief: “……..to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of the 3rd Respondent in arranged a flexi board on the name of warning informing to the public that to an extent of Ac.06.64 cents of Government land in Sy.No.312 and 313 of South Amuluru Village are allotted to House site and as such entry is prohibited in the land in the event of entry they will be punished as per law without giving any Notice to the petitioner and by attempting to dispossess the schedule property of agriculture paddy land admeasuring (1) Ac.0.14 cents in Sy.No.312-10 (2) Ac.0.26 cents in Sy.No.312.11, (3) Ac.0.17 cents in Sy.No.312-12 (4) Ac.0.17 cents in Sy.No.312-15 (5) Ac.0.60 cents in Sy.No.312-17 and (6) Ac.0.18 cents in Sy.No.312-8 (7) Ac.0.17 cents in Sy.No.312-16 total come to Ac.1.69 cents situated in South Amuluru Village, Thotapalli Guduru Mandal, SPSR Nellore District is illegal, arbitrary, violation of Article 14, 19, 21 and 301 Constitution of India and consequently direct the 3rd Respondents not to dispossess the petitioners schedule property…..” 2. The petitioners claim that they are the absolute owners and possessors of land admeasuring of an extent of Ac.0.14 cents in Sy.No.312-10 (2) Ac.0.26 cents in Sy.No.312.11, (3) Ac.0.17 cents in Sy.No.312-12 (4) Ac.0.17 cents in Sy.No.312-15 (5) 3 Ac.0.60 cents in Sy.No.312-17 and (6) Ac.0.18 cents in Sy.No.312-8 (7) Ac.0.17 cents in Sy.No.312-16 total come to Ac.1.69 cents situated in South Amuluru Village, Thotapalli Guduru Mandal, SPSR Nellore District. It is further case of the petitioners that their ancestors names were mutated in revenue records and issued pattadar passbooks in their favor. It is further case of the petitioners that despite approaching the respondents seeking to mutate their names in revenue records, there was no action. It is further contended that the petitioners are cultivating the subject lands by raising paddy crop. It is further case of the petitioners, while so, the 3rd respondent entered into the subject lands and erected a sign board stating that an extent of Ac.06.64 cents in Sy.Nos.312 & 313 of South Amuluru Village is identified for distribution of house site pattas under Navaratnalu Scheme by directing the general public not to enter into the said land and trespassers will be prosecuted. Questioning the said action of the respondents in erecting the sign board over the lands of the petitioners, and as the respondents tried to dispossess the petitioners without following due process of law or without issuing any notice, the present writ petition is filed. 4 3. On the other hand the 3rd respondent filed counter affidavit stating that the subject land is classified as footpath proambokes as per RSR and the same was encroached by the petitioners and doing agricultural operations. It is further contended that as the petitioners are in illegal and unauthorized possession of the subject lands, notices dated 12.05.2020 and 20.05.2020 were issued under Section 7 of the AP Land Encroachment Act, 1905. It is further averred that, in view of interim order passed by this Court on 17.03.2020, the respondents did not proceed with the matter. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 5. Perused the material available on record. 6. It is not in dispute that the petitioners are in possession of the subject lands as on the date of filing of the writ petition. Furthermore, the respondents also issued notices under Land Encroachment Act so as to evict the petitioners. The counsel for the petitioners strenuously contended that no such notices were served on them and to substantiate the same, nothing is placed on record. 5 7. In the light of the above submissions, without going into the merits of the matter, the present writ petition is disposed of directing the respondents to issue a fresh notice to the petitioners calling for objections, within a period of four (04) weeks from the date of receipt of copy of this order. 8. Upon receipt of such notice, the petitioners are directed to submit their explanation within a period of two (02) weeks thereafter. 9. It is further directed that, after consideration of the explanation submitted by the petitioners, the 3rd respondent is directed to pass appropriate orders in accordance with law after affording an opportunity of being heard to the petitioners. 10. With the above directions, the present writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.20.03.2025 DSB 6 89 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR W.P.No.6968 of 2020 Date: 20.03.2025 DSB 7