IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) > FRIDAY, THE TWENTY FIRST DAY OF MARCH j TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7572 OF 2025 Between: Naganaboyina Appala Setti, S/o. N. Venkataswamy, Aged about 65 years R/o. Nyayampudi Village, Nakkanapalli Mandal, Anakapalli District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli, Anakapalli District. 3. The Tahsildar, Dattalur Mandal, Anakapalli 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 passed an order or orders, direction or directions, writ or writ of Mandamus, declare the action of the respondent in passing the orders vide proceedings Roc.65/2025(SA) dated 20.03.2025, where in directing the petitioner to evict from the land to an extent of extent of Ac. 1.00 cents in S.No.120 of Kagitha Revenue Village, Nakkapalli Mandal, Anakapalli District, within 48 hours. Without following procedure as contemplate under law though he submitted detailed explanation to the notice dated 25.02.2025 as illegal, improper, unjust, arbitrary. Violative of Article 14, 21 and 300-A of the Constitution of India and against the principles of natural justice, and further direct the respondents not to evict the petitionerfrom the above lands. 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 stay the proceedings Roc.65/2025(SA) dated 20.03.2025 issued by the 3^^ respondent evicting the petitioner from the lands to an extent of Ac. 1.00 cents in S.No.120 of Kagitha Revenue Village, Nakkapalli Mandal, Anakapalli District pending disposal of the above writ petition. Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE The Court made the following: ORDER :;1:: APHC010148122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7572/2025 Between: ...PETITIONER Naganaboyina Appala Setti AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1.GP FOR REVENUE ::2:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION N0.7572 of 2025 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3"'^ respondent in passing the orders vide proceedings Roc.65/2025(SA) dated 20.03.2025, wherein directing the petitioner to evict from the land to an extent of Ac.1.00 cents in S.No.120 of Kagitha Revenue Village, Nakkapalli Mandal, Anakapalli District, within 48 hours, without following procedure as contemplate under law though petitioner submitted detailed explanation to the notice dated 25.02.2025 as illegal, improper, unjust, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and against the principles of natural justice and further direct the respondents not to evict the petitioner from the above lands and pass.” 2. Heard learned counsel for the Petitioner and learned Government Pleader for Revenue and perused the material placed on record. Learned counsel for the Petitioner submits that the petitioner is 3. absoluter owner and possessor of the land to an extent of Ac.0.60 cents in S.No.120 of Kagitha Revenue Village, Nakkapalli Mandal, Anakapalli District since long time and he is eking out his livelihood by cultivating the said land. While so, the 3'"'^ respondent herein issued eviction notice dated 25.02.2025 U/s 7 of the A.P. Land Encroachment Act, 1905 (for short “APLE Act”) alleging ::3:: that the petitioner encroached the subject land. In response to the said notice the Petitioner submitted a detailed explanation dated 04.03.2025. Without proper consideration regarding the contents made in the explanation, the 3 respondent issued eviction notice U/s 6 of the APLE Act. rd Learned counsel for the Petitioner submits that the notice U/s 6 of the APLE Act is an appealable order before 2'"'^ Respondent / RDO U/s 10 of the APLE Act under which the Petitioner can prefer an appeal within 60 days from the date of notice ordered U/s 6 of the APLE Act. But erroneously the 3 respondent granted only 48 hours time without observing the period of statutory appeal to be preferred by the petitioner. Hence the order of the 3'^^ respondent U/s 6 of the APLE Act is contrary to law. 4. rd 5. On the other hand, learned Government Pleader for Revenue submits that the grievance of the petitioner is even though he was provided statutory appeal against the order of the 3'^ respondent within a period of 60 days, but the 3^^ respondent directing the petitioner to evict the subject property within 48 hours is contrary to the statutory appeal provided U/s 10 of the APLE Act. Therefore, the petitioner’s interest can be protected till the preferring of the appeal. 6. Having submissions made by both the counsel, this Court is of the considered view that the present Writ Petition can be disposed of directing the petitioner to assail the order U/s 6 of the APLE Act within a period of four (4) weeks from the date of receipt of a copy of this order and after receipt of the ::4:; nd respondent shall consider the same and after affording an same the 2 opportunity of hearing to the Petitioner pass appropriate orders in accordance with law within three months thereafter. In the meanwhile, status-quo obtaining as on today shall be maintained by all parties. No costs. With the above direction, the writ petition is disposed of, with the 7. consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, 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 Building, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli, Anakapalli District. 3. The Tahsildar, Dattalur Mandal, Anakapalli District. 4. One CC to Sri Mahadeva Kanthrigala, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb f HIGH COURT DATED:21/03/2025 ORDER WP.No.7572 of 2025 X 2 9 MAR 2025 ^ ^ . Curreni becuon ^ ✓ of r. •> DISPOSING OF THE W.P. WITHOUT COSTS