APHC010179872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9159/2025 Between: Kamireddy Bhaskar Reddy and another ...PETITIONERS AND The State of Andhra Pradesh and others ...RESPONDENTS Counsel for the Petitioners: 1. Mahadeva Kanthrigala Counsel for the Respondents: 1. GP for Revenue The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9159/2025 This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of 4th respondent in passing the eviction orders vide proceedings Ref.No.A/638/2024, dated 28.03.2025, without following procedure as contemplated under law, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. The case of the petitioners is that the petitioners are the owners and possessors of the residential houses to an extent of Ac.0.04 Cents in Sy.No.1 of JC Kuravapalli Village, T. Sundupalli Mandal, Annamayya District. The subject land is in possession of the petitioners since long time. After considering the long standing possession for more than 12 years, the petitioners were issued a residential house site possession certificate, dated 18.01.2021, by respondent No.4. The petitioners were also paying house tax to the Gram Panchayat, which also confirms the possession of the property of the petitioners. 4. While things stood thus, the official respondent No.4 issued a notice under Section 7 of the A.P. Land Encroachment Act, 1905, (in short, ‘the Act, 1905’) on 28.12.2024, alleging that the petitioners were in occupation of the Government land to an extent of Ac.0.04 Cents, out of total extent of Ac.231.47 Cents, for which, the petitioner submitted a detailed explanation, dated nil, before respondent No.2, contending that the same was marked to respondent No.4. 5. Learned counsel for the petitioners further submits that respondent No.4 proceeded further, pursuant to Section 7 Notice, as if no explanation was submitted by the petitioners, passed an Order, dated 28.03.2025, directing the petitioners for eviction from the subject property under Section 6 of the A.P. Land Encroachment Act, which is an appealable order under Section 10 of the Act, 1905, before the respondent No.3. 6. It is also submitted that even without allowing the petitioners to approach the statutory appellate authority by way of appeal as per Section 10 of the Act, 1905, where under the petitioners were provided 60 days for making such appeal to Respondent No.3, but Respondent No.4 is trying to evict the petitioners with immediate effect, without observing 60 days of statutory period for submitting an appeal. Hence, the Writ Petition. 7. On the other hand, learned Government Pleader for the respondents submits that since the impugned order, dated 28.03.2025, is an statutory appealable order under Section 10 of the Act, 1905, before the appellate authority i.e. respondent No.3/ Revenue Divisional Officer. In view of the effective statutory alternative remedy, the petitioners are not entitled to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 8. Having heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents, this Court is of the considered view that the present Writ Petition can be disposed of, directing the petitioners to prefer a statutory appeal under Section 10 of the Act, 1905, assailing the impugned order, dated 28.03.2025, within a period of three (03) weeks from the date of receipt of a copy of this order. On receipt of such an appeal, respondent No.3 is directed to consider the same and pass appropriate orders in accordance with law, after providing an opportunity of hearing to the petitioners and other stake holders, if any, within a reasonable time. In the meanwhile, the respondents are directed to not to interfere with the peaceful possession and enjoyment of the petitioners’ property. 9. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 08.04.2025 kbs 109 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.9159 of 2025 Dt: 08.04.2025 kbs