IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9196 OF 2025 " Between: Bhumarapu Jayaramaiah, S/o B.Ramanna, Aged about 47 years, Occ- Agriculture, Resident of H.No.40/6-A, Burraladinnepalli, H/o T.Sundupalli Village and Mandal, Annamayya District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rajampeta, Annamayya District. 4. The Tahsildar, T.Sundupalli 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 Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing Notice under Section 6 and 7 of Andhra Pradesh Land Encroachment Act, 1905 asking the petitioner to vacate the property admeasuring an extent of Ac. 1.00 cents out of Ae.3.78 Cents in Sy.No.2854/1 including the Bore Well, situated in Burraladinnepalli H/o T.Sundupalli Village and Mandal, Annamayya District without following due process of law and without looking into the records of revenue though said property is assigned to his mother Smt. Bhumarapu Jayamma vide DKT No.6/1410, dated 02-02-2001 and subsequent revenue records vide Khatha No.2926 is illegal, arbitrary, highhanded and violation of principles of natural justice and also violation of Article 19, 21 and 300-A of Constitution of India and set aside the same and consequently direct the 4th respondent not to evict the petitioner from the above mentioned property. / 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 Notice under Section 6 of Andhra Pradesh Act III of 1905, dated 29-03-2025 by directing the 4th respondent not to evict the petitioner from the property admeasuring an extent of Ac. 1.00 cents out of Ac.3.78 cents in Sy.No.2854/1 including the Bore Well, situated in Burraladinnepalli H/o T.Sundupalli Village and Mandal, Annamayya District, pending disposal of the Writ petition before this Honourable Court. Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010180362025 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: 9196/2025 Between: ...PETITIONER Bhumarapu Jayaramaiah AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9196/2025 This Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of 4'^ respondent in issuing notices dated 29.03.2025 and 06.03.2025 respectively under Sections 6 and 7 of the Andhra Pradesh Land Encroachment Act, without following procedure as contemplated under law, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue for the respondents. 3. The case of the petitioner is that the petitioner is the owner and possessor of the property admeasuring to an extent of Ac.3.78 cents in Sy.No.2854/1, situated in Byrraladinnepalli, T.Sundupalli Village and Mandal, Annamayya District. The subject land is in possession of the petitioner and after considering the same, the petitioner was issued with DKT Patta bearing Patta No.6/1410, dated 02.02.2001 and also issued with Pattadar Pass Book and Title Deed vide Khatha No.2926 and the same was included in the revenue records as pattadar, by respondent No.4. 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’) vide Ref.No.C/413/2025 on 06.03.2025, alleging that the I petitioner was in occupation of the Government land to an extent of Ac. 1.00 Cents, out of total extent of Ac.3.78 Cents. Learned counsel for the petitioner further submits that respondent 5. No.4 proceeded further, pursuant to Section 7 Notice and issued a notice/order vide Ref.No.C/413/2025 on 29.03.2025, directing the petitioner 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/being Appellate Authority. It is also submitted that even without allowing the petitioner to 6. approach the statutory appellate authority by way of an appeal as per Section 10 of the Act, 1905, where under the petitioner was provided 60 days for making such appeal to Respondent No.3, but, in meantime RespondentNo.4 is trying to evict the petitioner with immediate effect, without observing 60 days of statutory period for submitting an appeal. Hence, the Writ Petition. On the other hand, learned Government Pleader for the 7. respondents submits that since the impugned notices dated 29.03.2025 and 06.03.2025 respectively, are statutory appealable orders 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 petitioner is not entitled to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. T" Having heard learned counsel for the petitioner and learne;^ 8. 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 petitioner to prefer a statutory appeal under Section 10 of the Act, 1905 assailing the impugned order, dated 24.03.2025, 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 petitioner 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 petitioner’s property. With the above directions, the Writ Petition is disposed of. There 9. shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rajampeta, Annamayya Distrjpt. 4. The Tahsildar, T.Sundupalli Mandal, Annamayya District. 5. One CC to Sri Vutupalli Rajanna Advocate [OPUC] - '' 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies Secretariat, TF HIGH COURT DATED:08/04/2025 ORDER WP.No.9196 of 2025 W of ^ 202*1 En t w Current Section DISPOSING OF THE W.P., WITHOUT COSTS