APHC010188362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9568/2025 Between: Pinninti Lachhayya ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. YARRAMSETTY VENKATESH Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9568/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the Notices vide R.C.No.62/2025 Dated 26.03.2025 and 62/2025 on dated 25.02.2025 under section 7 of AP Land Encroachment Act, 1905 issued by the 4th and 6th respondents as illegal, arbitrary, ultra virus, contrary to the procedure established by law and contrary to the principles of natural justice apart from being violative of Articles 21 and 300A of the Constitution of India and consequentially set aside the same in the interest of justice 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 in possession and enjoyment of the land admeasuring to an extent of Ac.0.01 cents in Sy.No.70-1 situated at Appala Agraharam Village, Santhakaviti Mandal, Vizianagaram District since forty years without any interference or hindrance from any quarter. While so, respondent Nos.4 and 6 herein issued notices dated 26.03.2025 and 25.02.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that the petitioner herein encroached the subject land and directing the petitioner herein to submit his explanation within three days. Accordingly, the petitioner herein approached respondent Nos.4 and 6 herein to submit his explanation, but respondent Nos.4 and 6 refused to receive the same. Therefore, the petitioner herein sent his explanation through a legal notice dated 25.03.2025 to the respondents. Subsequently, respondent No.6 herein issued notice dated 26.03.2025 directing the petitioner to vacate the said land within three days from the date of receipt of the notice under Section 45 of the Andhra Pradesh Panchayat Raj Act, 1994. Later, the petitioner herein personally approached respondent Nos. 4 and 6 and requested them not to evict the petitioner from the subject lands. But the respondents did not choose to consider the same. Aggrieved by the same, the petitioner preferred the present writ petition. 4. On the other hand, learned Government Pleader for Revenue submits that the explanation dated 25.03.2025 submitted by the petitioner to the notice dated 25.02.2025 would be considered by the respondents in accordance with law, within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, on perusal o the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider the explanation submitted by the petitioner through legal notice on 25.03.2025, to the notice dated 25.02.2025 issued under Section 7 of the Act, 1905, and pass appropriate orders, in accordance with the Andhra Pradesh Land Encroachment Act, 1905, within a period of six (06) weeks from the date of receipt of a copy of this order. Till then, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioner. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J 10.04.2025 BSP 182 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.9568 of 2025 10.04.2025 BSP