IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8660 OF 2025 Between: 1. 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(S) 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. C.Srinivasulu,, S/o. Not known to the Petitioner, Mandal Revenue Officer, Gurram konda Mandal 6. 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 ^ ^ he pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the orders passed by the Respondent No.4 in Roc.No.A/33/2025 dated 26.03.2025 under section 6 of the Land Encroachment Act, 1905 without giving any opportunity of hearing and pending the Writ Petition No.7796 of 2025 before the Hon'ble Court as illegal, improper, unjust, arbitrary, contrary to law and violative of principles of natural justice and consequently direct the Respondents 4 and 6 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 orders passed in Roc.No.A/33/2025 dated 26.03.2025 under Section 6 of the A.P. Land Encroachment Act, 1905. 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 suspend the operation of the orders passed in Roc.No.A/33/2025 dated 26.03.2025 under Section 6 of the A.P. Land Encroachment Act, 1905 by directing the Respondents 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, pending disposal of the Writ Petition. Counsel for the Petitioner(s) :SR1 K RAGHU VEER Counsel for the Respondents : GP FOR REVENUE (R1 TO 4 & 6) The Court made the following ORDER : APHC010167662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8660/2025 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 ORDER: This Writ Petition is filed under Article 226 of the Constitution of 1. India seeking the following relief; ‘‘to issue a Writ of Mandamus or any other appropriate writ order or direction deciaring the orders passed by the Respondent No.4 in Roc.No.A/33/2025, dated 26.03.2025 under section 6 of the Land Encroachment Act, 1905 without giving any opportunity of hearing and pending the Writ Petition No. 7796 of 2025 before the Honble Court as illegal, improper unjust, arbitrary, contrary to law and violative of principles of natural justice and consequently direct the Respondents 4 and 6 not to demolish the house of the ^ h Petitioner in Sy.No 617/3 to an extent of 121 Sq Yds of Talarivandia Paiii Marrimakuiapalle Gramam Gurramkonda Mandal Annamayya District in pursuant to the orders passed in Roc No /V33/2025 dated 26 03 2025 under Section 6 of the A P Land Encroachment Act 1905and to pass such other order or orders...” the learned counsel for the petitioner submits that pending the writ petition No.7796 of 2025 before this court, the 4**^ respondent herein wantonly issued impugned proceedings on 26.03.2025 under section 6 of Land Encroachment Act, 1905, without giving any opportunity of hearing to the petitioner. The impugned proceedings issued by the respondent dated 26.03.2025 wherein it is held as under:- 2. “It is a clear case of encroachment on Government land and he/she has not possess any supporting documents/records to establish their title in sy. No. 617/1 of Gurramkonda village. Consequently, the encroacher is liable to be evicted and he should vacate the land within 3 days from the date of receipt of this order, otherwise steps will be taken to evict the illegal occupant in accordance with law”. He further submits that this court disposed of W.P.No. 7796 of 2025 on 27.03.2025, giving direction to the respondents authorities, as here under;- 3. 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. On the other hand, the learned Assistant Government Pleader submits that the impugned order dated 26.03,2025 passed by the 4th respondent is before the passing of order by this Court. Therefore, the order of the 4th respondent is an appealable order, and the petitioner is entitled to prefer a statutory appeal before the 3rd respondent. The petitioner can also put forth all the contentions raised before this Court in the said appeal. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 5. Having considered the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered view that the present writ petition be disposed of by directing the petitioner to challenge the impugned proceedings dated 26.03.2025, issued by the 4th respondent, by preferring appeal before the 3rd respondent within a period of three (03) weeks from the date of receipt of a copy of this order. Upon receipt of such appeal, the 3rd respondent shall consider the same and pass an appropriate order after providing an opportunity of hearing to all the parties concerned, within a period of four (04) months thereafter. In the meantime, the status quo obtaining as on today, in respect of the subject property. 6. can an i-e., Sy.No.617/3 Marrimakulapalle Gramam, shall be maintained by all the parties measuring 121 square yards in Taiarivandia Paiii, Gurramkonda Mandal, Annamayya District, concerned. 7. With the above said direction shall be no order as to costs. the Writ Petition is disposed of. There Consequently, Miscellaneous Petitions petition shall stand closed. if any, pending in the writ Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR seStioi^'o^cer //TRUE COPY// To, 1. The Principal Secretary, State of Andhra Department, Secretariat Buildings.Velagapudi District. 2. The District Collector 3. The Revenue Divisional Officer 4. The Mandal Revenue Officer District. 5. C.Srinivasulu,, S/o. Not known to Officer, Gurram konda Mandal 6. The Village Revenue Officer,, ^ Gramam Gurramkonda Mandal 7. One CC to SRI. K RAGHU VEER 8. Two CCs to GP FOR REVEN'UE 9. three CD COPIES Pradesh, Revenue , Amaravathi, Guntur Annamayya District. Rayachoti, Annamayya District. Gurramkonda Mandal, Annamayya the Petitioner, Mandal Revenue Taiarivandia Palli, Marrimakulapalle Annamayya District. Advocate [OPUC] High Court Of Andhra Pradesh. [OUT] TAC HIGH COURT DATED:02/04/2025 ORDER WP.No.8660 of 2025 i 0MPR 2025 'S' Current Section ."y DISPOSING THE WP WITHOUT COSTS