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2025 DAILYLAW 11448 (AP)

GANTA CHENNAIAH v. THE STATE OF ANDHRA PRADESH

WP/6702/2025 · 2025-03-13

T C D Sekhar

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6702 OF 2025 Between: Ganta Chennaiah, S/o. Lakshmaiah, Aged about 52 years, Occ: Agriculture, R/o. D-No.C-066, Harijanawada, Chaganam Village, Sydapuram Mandal, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by Principal Secretary (Revenue Department), Secretariat Buildings at Amaravathi. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Gudur Division, Gudur, SPSR Nellore District. 4. The Tahsildhar, Sydapuram Mandal, Sydapuram, SPSR Nellore District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction one in nature of Writ of Mandamus declaring the action of the Respondent No.4, who were trying to take steps by removing the existing Lemon Trees of the petitioners possession and enjoyment of the land in Survey No. 516-P6, to an extent of Ac 1-07 cents at Chaganam Village, Sydapuram Mandal, SPSR Nellore District, without issuing any proper notice to the petitioner in accordance to law as illegal, arbitrary and against the principles of natural justice and consequently direct the respondent authorities not to initiate any action on the land in possession and enjoyment of the petitioner in Survey No. 516-P6, to an extent of Ac 1-07 cents at Chaganam Village. Sydapuram Nellore District, without following due Mandal, SPSR process of law. lA NO: 1 OF 7091; Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be pleased to direct the respondent authorities not to take any corrective steps in evicting the petitioner by removing the existing Lemon Trees of the petitioner's possession and enjoyment of the land in Survey No. 516-P6, to an extent of Ac 1-07 cents at Chaganam Village, Sydapuram Mandal, SPSR Nellore District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI V. Counsel for the Respondent Nos.1 to 4; GP FOR REVENUE The Court made the following: ORDER ROOPESH KUMAR REDDY r APHC010132742025 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: 6702/2025 Between: ...PETITIONER Ganta Chennaiah AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1.GPFOR REVENUE 2 The Court made the following order: The present writ petition is filed questioning the action of the 4**^ respondent in trying to dispossess the petitioner from the land admeasuring an extent of Ac. 1.07 cents in-Sy.No.516-P6 at Changanam Village, Sydapuram Mandal, SPSR Nellore District, without issuing any notice. It is the case of the petitioner that, his family was in possession of the subject land for a considerable period of time 2. and the said land is classified as dotted land in the revenue records. He further claims that his family has been cultivating the subject land and at present there are more than 60 lemon trees are in existence and the same is within the knowledge of the respondents. It is further contended that, the 4*^ respondent issued notice dated 01.11.2022, under Section 7 of the Land Encroachment Act, 1905, asking him to show cause as to why he shall not be evicted from the subject land. The petitioner further claims that he has filed explanation to the said notice on 08.11.2022. Despite the same, without passing orders, the 4 respondent is trying to dispossess the petitioner. Impugning the said action of the 4‘^ respondent, the present writ petition is filed. th \ On the other hand, learned Assistant Government Pleader for Revenue submits that, though the counsel for the petitioner contended that he has filed an explanation, proof evidencing the same is not filed along with the writ petition. 3. 4. In that view of the matter, the present writ petition is disposed of, directing the petitioner to submit explanation within a period of two (02) weeks from the date of receipt of copy of the order and upon such submission, the 4*^ respondent is directed to conduct an enquiry and pass appropriate orders after affording opportunity of being heard to the petitioner. an (ii). Till then, the 4‘^ respondent is directed not to take coercive steps, against the petitioner. any 5. 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. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, (Revenue Department), State of Andhra Pradesh, Secretariat Buildings at Amaravathi. The District Collector, SPSR Nellore District, Nellore. The Revenue Divisional Officer, Gudur Division, Gudur, SPSR Nellore District. 2. 3. V 4. The Tahsildhar, Sydapuram Mandal, Sydapuram SPSR Nellore District 5. One CC to Sri V. Roopesh Kumar Reddy, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb ¥ HIGH COURT DATED: 13/03/2025 ORDER g 2 / MAR 2D25 |] Current Section WP.No.6702 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS