APHC010174492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8934/2025 Between: Pechetti Chandramani ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8934/2025 O R D E R: This writ petition is filed under Article 226 of the Constitution of India to seeking following relief: “to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 4threspondent in cutting the trees and closing the irrigation channel and mutating the name of the 6threspondent in revenue records in respect of land to an extent of 0.43 cents in Sy.No.269-21 of Dondapudi Village, Ravikamatham Mandal, Anakapalli District by issuing notices under section 7 and 6 of A.P. Land Encroachment Act, 1905 without considering the objections of petitioner sent through legal notice dt.11.02.2025 as illegal, arbitrary, against principles of natural justice contrary to the provisions of A.P. Land Encroachment Act, 1905 and A.P. WALTA Act and violative of Art 14 and 21 of Constitution of India and consequently set aside the notice dt.28.02.2025 issued under section 6 and notice dt.12.02.2025 under section 7 of Andhra Pradesh Land Encroachment Act, 1905 and direct the respondents 2 to 4 to restore the Field channel and pay damages to petitioner for cutting the teak trees and other fruit bearing trees in Sy.No.269-21 of Dondapudi Village, Ravikamatham Mandal, Anakapalli District and pass such other order or orders…” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.0.43 cents in Sy.No.269/4 (New Sy.No.269/21) situated at Dondapudi Village, Ravikamatham Mandal, Anakapalli District having acquired the same through a registered sale deed dated 18.05.1991 for valuable sale consideration with respondent No.6-temple, who is claiming rights over the subject property. For which, respondent No.6 herein instituted a suit in O.S.No.241 of 2009 on the file of Court of Principal Junior Civil Judge, Chodavaram seeking permanent injunction against the petitioner herein. The said suit was dismissed and denied the permanent injunction as prayed for. Even though the possession was conferred upon the petitioner regarding the subject property, in one way or the other, respondent No.6/ Temple is interfering with the peaceful possession and enjoyment of the property through respondent Nos. 2 to 5 herein. 4. Learned counsel for the petitioner further submits that the petitioner got issued a legal notice dated 11.02.2025 informing that the respondents are trying to change the revenue records in favour of respondent No.6. Even after receipt of the said notice by respondent No.4 herein without considering the said notice, respondent No.4 issued notice dated 12.02.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and again issued notice dated 28.02.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, directing the petitioner to vacate from the subject land. She further submits that issuance of these notices without considering the legal notice issued by the petitioner is contrary to the principles of natural justice and liable to be set aside. 5. In support of her contentions, learned counsel for the petitioner relied upon the judgment rendered by the Composite High Court of Andhra Pradesh, Hyderabad in Kadiyala Sudershan and others v. Government of Andhra Pradesh and others 1 , wherein the relevant potion of the said order is extracted hereunder: “5. A person in possession of the Government land is liable to be evicted under the provisions of the Act. The Act has laid down the procedure for evicting such person. As a first step towards this direction, a show cause notice under Section 7 of the Act requires to be given to the person in occupation of the land. After receiving the notice, an order needs to be passed under Section 6 of the Act. If the competent authority is satisfied that the person in possession of the land is liable to be evicted, he has to issue a notice in the prescribed form. Though the provisions of Section 6 of the Act do not in express terms enjoin on the competent authority to pass a speaking order, the very fact that Section 7 of the Act envisages a show-cause notice pre-supposes that the competent authority has to deal with the explanation/ objections filed by the person in possession of the land. Unless a reasoned order is passed, the person in occupation of the land does not know as to why an order of eviction is passed against him. Further, an appeal under Section 10 of the Act is envisaged by the Act. Unless the order contain reasons, the appellate authority will not be in a position to examine the validity or otherwise of the order and decide the appeal.” 6. On the other hand, learned Government Pleader for the respondents submits that the subject land is classified as Government land and the petitioner herein is encroaching with the subject land. Accordingly, respondent No.4, who is the competent authority issued a notice dated 12.02.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905. Since there is no explanation submitted by the petitioner to the said notice, having no other option respondent No.4 issued notice dated 28.02.2025 under Section 6 1 2013(5)ALD 212 of the Act directing the petitioner to vacate the subject land. He further submits that the order/ notice dated 28.02.2025 issued under Section 6 of the Act is an appealable order before respondent No.3 herein. He further submits that since the petitioner is available with an effective alternative remedy by way of filing a statutory appeal, without filing the same, the petitioner cannot invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 7. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of Section 10 of the Andhra Pradesh Land Encroachment Act, 1905, the order passed by respondent No.4 under Section 6 of the Act is an appealable order. It is further observed that, the matter requires so much of evidence, verification of documents as well as a detailed enquiry to determine the nature of land as well as rights of the petitioner. In view of the same, determination of the nature of land as well as the rights of the petitioner cannot be decided by way of extraordinary jurisdiction under Article 226 of the Constitution of India. 8. In view of the foregoing discussion, the present writ petition is disposed of, directing the petitioner herein to avail alternative remedy by way of filing a statutory appeal before the appellate authority i.e., respondent No.3 under Section 10 of the Andhra Pradesh Land Encroachment Act, 1908 assailing the impugned notice dated 28.02.2025, within a period of three (3) weeks from the date of receipt of a copy of this order. On receipt of same, respondent No.3 is directed to consider the same and pass appropriate orders, after providing opportunity of hearing to all the parties concerned, after conducting a detailed enquiry regarding determination of nature of land as well as determination of rights of the petitioner over the subject property, as early as possible. Till disposal of the appeal, Status Quo obtaining as on today shall be maintained by all the parties concerned in respect of the subject property as mentioned in the notice. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:04.04.2025 NOTE: C.C. by two (02) days (B/o) BSP 155 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8934/2025 Date:04.04.2025 NOTE: C.C. by two (02) days (B/o) BSP