APHC010143292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7511/2025 Between: T Alekhya and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SUBBA RAO KORRAPATI 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: 7511/2025 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 Respondents in trying to dispossess the petitioners from the land in Sy.No.406 to an extent of Ac.00.60 Cts in Sathambakkam Revenue Village, Penumuru Mandal, Chittoor District, without issuing any notice and without following any due process of law, as arbitrary, illegal, in violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents not to interfere with the possession and enjoyment of the petitioners in the land in Sy.No.406 to an extent of Ac.00.60 Cts in Sathambakkam Revenue Village, Penumru Mandal, Chittoor District, without following due process of law and pass such other order.” 2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property without following due process of law. 3. Learned Assistant Government Pleader for the respondents furnished written instructions dated 20.03.2025, wherein it is stated as follows: “Prima facie the subject lands are classified as „Rasta Poramboke‟, which is for communal purpose and it is governed by BSO 15(4) of A.P. Revenue Board Standing Orders and the proviso thereto specifically 3 prohibits conversion, subject to conditions and it is only meant even for future expansion of road. Therefore, steps are being taken to evict the encroachers from the subject land by initiating the A.P. Land Encroachment Act, 1905.” 4. Having regard to the submissions made by the learned counsel for the petitioner and on perusal of the written instructions submitted by the learned Assistant Government Pleader for the respondents, it is observed that as per Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (Act 3 of 1905), a prior notice should be served to the persons, who are in occupation of the land/Government land. This Court deems it appropriate to dispose of the Writ Petition directing the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the subject property, except by following due process of law. 5. With the above direction, 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 25.03.2025 TTPPSS 4 217 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7511 of 2025 25.03.2025 TTPPSS