APHC010130872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6844/2025 Between: Vesalapu Sembu Naidu and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. R SUDHA RANI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the 4th Respondent and his threats to demolish the structures i.e., Cattle Shed, RCC House small milk parlour raised on Ac 0 06 Cents of land out of Ac.0.18 Cents covered by Sy.No.416/P in Tavvavanipalem H/o Amruthapuram Village, Sabbavaram Mandal, Anakapalli District despite grant of DKT Patta No.36/1993 Dated 20.02.1993 without considering our explanation dated 06.01.2025 reached their office on 07.01.2025 submitted to their notice dated 26.12.2024 vide R.C.No 270/2024/SA issued Under Section 7 of The A P 2 Land Encroachment Act 1905 by 4th Respondent is ultravires illegal absurd arbitrary, unjust and Violation of Articles 14, 19, 300-A of Constitution of India and consequently direct the Respondents not to interfere with peaceful possession and enjoyment of the above subject covered by Sy.No 416/P in our property of Ac.0.18 Cents Tavvavanipalem H/o Amruthapuram Village Sabbavaram Mandal Anakapalli Districtand pass such other order. 2. The case of the petitioner is that the 4th respondent and his staff are threatening to demolish the structures of the petitioners’s subject land including a cattle shed, an RCC house, and a small milk parlour, constructed on Ac. 0.06 cents of land out of Ac. 0.18 cents covered by Sy. No. 416/P in Tavvanipalem, H/o Amruthapuram Village, Sabbavaram Mandal, Anakapalli District, despite the grant of patta dated 20.02.1993. 3. The learned counsel for the petitioner submits that the petitioner was granted DKT patta dated 20.02.1993 for an extent of Ac. 0.18 cents. Out of this, Ac. 0.06 cents has been utilized by the 2nd petitioner (son of the 1st petitioner) for constructing a cattle shed, an RCC house, and a small milk parlour, while the remaining land is being used for agricultural operations. Since the grant of the patta, the petitioners have been in peaceful possession and enjoyment of the subject property for the last 45 years. While things stood thus, the 4th respondent issued a notice dated 26.12.2024 under Section 7 of the A.P. Land Encroachment Act, 1905, directing the petitioners to submit an explanation within 15 days, failing which the alleged encroachments would be removed. In pursuance of the notice issued by 4th respondent dated 26.12.2024, the petitioners submitted a detailed explanation on 06.01.2025. 3 However, without considering the explanation submitted by the petitioners, the 4th respondent and his staff are interfering with the petitioners' possession and trying to demolish the structures, and threatening to evict the petitioners’ from the subject property, which is illegal and contrary to law. Hence, the present writ petition. 4. The learned Government Pleader for Revenue appearing for the respondents submits that the respondents authorities will consider the explanation submitted by the petitioners dated 06.01.2025 and pass appropriate orders within a reasonable time. 5. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. 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 dated 06.01.2025 and pass appropriate orders within a period of three (03) months from the date of receipt of copy of this Order. Even assuming for a moment that this petitioner’s possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law declared by the Apex Court in “Rame Gowda 4 (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.1, when the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due process of law. Therefore, the respondents authorities are directed to not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners without following due process of law. 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 19.03.2025 kkllkk 1 2004 (1) SCC 769 5 173 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6844 of 2025 19.03.2025 kkllkk 6