IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7796 OF 2025 Between: N. Sunitha, C/o. J.Ram Mohan, Aged about 24 years, R/o.D.No. 10-76/1, Talarivandia Palli, Gurramkonda Post and Mandal, Annamayya District (Erstwhile Chittoor District) ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Annamayya District. 3. The Revenue Divisional Officer, Rayachoti, Annamayya District. 4. The Mandal Revenue Officer, Gurramkonda Mandal, Annamayya District. 5. The Village Revenue Officer, Talarivandia Palli, Marrimakulapalle Gramam, Gurramkonda Mandal. Annamayya 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 issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the high handed action of the Respondents in trying to demolish the house of the petitioner constructing in Sy.No.617/3 to an extent of 121 Sq.Yds., of Talarivandia Palli, Marrimakulapalle Gramam, Gurramkonda Mandal, Annamayya District without considering the explanation submitted by the petitioner to the notice dated 13.03.2025 under Section 7 of the A.p, Land Encroachment Act, 1905 and without any % opportunity for hearing, without passing any order under Section 6 of the ' A.P.,Land Encroachment Act, 1905 as illegal, improper, unjust, arbitrary, ; c^trary to law and violative of principles of natural justice and consecfuently direct the Respondents 4 and 5 not to demolish the house of the petitioner in Sy.No.617/3 to an extent of 121 Sq.Yds., of Talarivandia Palli, Marrimakulapalle Gramam, Gurramkonda Mandal, Annamayya District in pursuant to the notice issued in ROC.No./A/33/2025, dated 13.03.2025 under Section 7 of the A.P. Land Encroachment Act, 1905 jf n lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to take up any demolition in pursuant to the notice issued in ROC.No,/A/33/2025, dated 13.03.2025 under Section 7 of the A.P. Land Encroachment Act, 1905, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI K. RAGHU VEER Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010152792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAJI (Special Original Jurisdiction) OSS [3329] THURSDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7796/2025 Between: ...PETITIONER N. Sunitha AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KRAGHU VEER 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: 7796/2025 r ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to i$sue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents in trying to demolish the house of the petitioner constructing in Sy. No. 617/3 to an extent of 121 Sq. Yds., of Talarivandia Marrimakulapalle Gramam, Annamayya District without considering the explanation submitted by the petitioner to the notice dated 13.03.2025 under Section 1 of the A.P. Land Encroachment Act, 1905 and without any opportunity for hearing, without passing any order under Section 6 of the A.P. Land Encroachment Act, 1905 as illegal, improper, unjust, arbitrary, contrary to law and violative of principles of natural justice and consequently direct the respondent Nos. 4 and 5 not to demolish the house of the petitioner in Sy.No.617/3 to an extent of 121 Sq. Yds., of Talarivandia Palli, Marrimakulapalle Gramam, Gurramkonda Mandal, Annamayya District in pursuant to the notice issued in ROC.NO./A/33/2025, dated 13.03.2025 under Section 7 of the A. P. Land Encroachment Act, 1905 and pass such other order.” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. Palli, Gurramkonda Mandal, 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider the explanation 3 < submitted by the petitioner pursuant to the notice dated 13.03.2025 issued under Section 7 of the Andhra Pradesh Land Encroachment f Act, 1905 (Act 3 of 1905). f 4. Learned Assistant Government Pleader for Revenue furnished written instructions dated 25.03.2025, wherein it is stated as follows: . “Further Form-7 notice under Encroachment Act, 1905 in Roc.A/33/025, dated 13.03.2025 has been issued to the petitioner calling for her explanation on illegal occupation of Government land. In pursuant to the above notice, the writ petitioner has submitted her explanation dated 20.03.2025 to this office and same is under examination stage. However, Tahsildar, Guramkonda has been given opportunity of hearing to the petitioner by issuing notice as per Sec.7 of AP Encroachment Act, 1905 and accordingly written explanation is also submitted by the petitioner for the notice issued. At present, the explanation submitted by the petitioner is under examination stage. Soon after examination of petitioner submissions, an appropriate order will be issued by the Tahsilddh Gurramkonda over the subject matter by following due process of law. ” 5. In view of the written instructions furnished by the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of 4 the judgment of the Apex Court in “The Government of India v. P.Venkatesh^", wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened f adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to consider the explanation, this Court find no other alternative except to issue such direction. 6. In the result, the writ petition is disposed of, directing the respondents to consider and dispose of the explanation submitted by the petitioner pursuant to the notice dated 13.03.2025 issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (Act 3 of 1905), after providing opportunity of hearing to the parties concerned, within a period of six(6) weeks from the date of receipt of a copy of this order. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. W 2019 (8) SCALE 544 Sd/- M SRiNiVAS ASSISTANT REGISTRAR //TRUE COPY// 1 OFFICER SE To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Annamayya District. 3. The Revenue Divisional Officer, Rayachoti, Annamayya District. 4. The Mandal Revenue Officer, Gurramkonda Mandal, Annamayya District. Talarivandia Palli, Marrimakulapalle Gramam, Gurramkonda Mandal. Annamayya District. 6. One CC to Sri K. Raghu Veer, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 8. Three C.D. Copies. [OUT] Cnr HIGH COURT DATED:27/03/2025 ORDER C> WP.No.7796 of 2025 2 7 MAH 2025 X t ^ Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS