IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE THIRTEENTH DAY OF MARCH TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6697 OF 2025 Between: Peddada Sattibabu, S/o Peddada Nookaraju, Aged about 40 years, Door No. 001, Tattabanda Village, Ravikamatham Mandal, Anakapalli District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by Principal Secretary, Revenue Department. Secretariat of A.P., Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District, At Anakapalli 3. Revenue Divisional Officer, Narsipatnam Division, Anakapalli District 4. The Tahasildar, Ravikamatham Mandal, Anakapalli District. 5. Tattabanda Gram Panchayat, Represented by Panchayat Secretary, Tattabanda Village, Ravikamatham Mandal, Anakapalli District. 6. Executive Engineer, Roads and Buildings Department Anakapalli District, At Anakapalli. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction one in the nature of Mandamus declaring the action of the 4**^ respondent in initiating proceedings under Andhra Pradesh Land Encroachment Act, 1905 by issuing notice in S.R.No.50/2025/SA dt.03.2025 signed on 08.03.2025 under section 7 of Andhra Pradesh Land Encroachment Act, 1905 in respect of petitioner's RCC Building with Assessment No. 346 having Door may No.3-116 situated in Tattabanda Village, Ravikamatham Mandal, Anakapalli District as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and opposed to the law laid down by Honourable Court Supreme court in Government of Andhra Pradesh Vs Tummala Krishna Rao and Another (AIR 1982 SC 1081). lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings including dispossession of petitioner from petitioner’s RCC Building with Assessment 346 having Door No.3-116 situated in Tattabanda Village, Ravikamatham Mandal, Anakapalli District pending disposal of the above writ petition. No. Counsel for the Petitioner: M/s. T. V. SRI DEVI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5:SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.6: GP FOR ROADS & BUILDINGS The Court made the following: ORDER APHC010132482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6697/2025 Between: ...PETITIONER Peddada Sattibabu, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.T VSRI DEVI Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.GP FOR REVENUE 2 (IP The Court made the following order: The present writ petition is filed challenging the notice dated 06.03.2025, issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905. It is the case of the petitioner that, originally his mother Smt Peddada Kannamma, was in possession of the land admeasuring an extent of Ac.0.03 cents in Sy.No.94 of Tattabanda Village, Ravikamatham Mandal, Anakapalli District, since four decades. His mother had constructed a thatched house on the subject land and had been paying house tax regularly to the concerned authorities. After her demise, the petitioner came into possession of the subject property and enjoying the same as absolute owner. He further contends that, the 4**^ respondent issued the impugned notice exercising powers under Section 7 of the Land Encroachment Act, stating that the petitioner encroached the land in dispute without any right. Aggrieved by the said notice, the present writ petition is filed. 2. 3. Heard learned counsel for petitioner and learned Assistant Government Pleader for Revenue. 4. Admittedly, the present writ petition is filed questioning the notice issued under Section 7 of the Land Encroachment Act. As long as the jurisdiction of the authority who issued the notice is not under challenge, the present writ petition is not maintainable as the same is filed against show cause notice. In view thereof, the petitioner is directed to submit explanation to the notice dated 06.03.2025, within a period of two (02) weeks from today and upon such submission, the respondent-Tahsildar is directed to enquire into the matter and pass appropriate orders after affording an opportunity of being heard to the petitioner, (ii) Till then, the 4*'' respondent is directed not to interfere with the petitioner’s possession over the land admeasuring an extent of Ac.0.03 cents in Sy.No.94 of Tattabanda Village, Ravikamatham Mandal, Anakapalli District. With the above directions, the present writ petition is 5. 6. disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGI^AR //TRUE COPY// SECT ON OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat of A.P., Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District, At Anakapalli 3. Revenue Divisional Officer, Narsipatnam Division, Anakapalli District 4. The Tahasildar, Ravikamatham Mandal, Anakapalli District. T ■ ' 5. The Panchayat Secretary, Tattabanda Gram Panchayat, Tattabanda Village, Ravikamatham Mandal, Anakapalli District. 6. The Executive Engineer, Roads and Buildings Department, Anakapalli District, At Anakapalli. 7. One CC to M/s. T. V. Sri Devi, Advocate [OPUC] 8. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies. ssb HIGH COURT DATED:13/03/2025 ORDER WP.No.6697 of 2025 5 2 7 MAR 2025 © Current Section . DISPOSING OF THE W.P. WITHOUT COSTS