1 NV,J W.P.No.9586 of 2025 APHC010189952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9586/2025 Between: Kakarla Subbamma and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P V N KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2 NV,J W.P.No.9586 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9586/2025 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the notice, dated 22.03.2025 (served on the petitioners on 31.03.2025) under Section 7 of Land Encroachment Act, 1905 calling upon the petitioners to submit explanation within 7 days issued by the Respondent No.3 and trying to demolish petitioners‟ house with house property bearing D.Nos.6-4-660, 6-4-675, 6-4-674 and 6-4-661 (3 cents each), in Sy.No.1003 of Madakalavaripalli, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa, without passing an order under section 6 of the Land Encroachment Act, 1905 that too without considering petitioners‟ reply to the said notices, as arbitrary, illegal, contrary to the settled legal position, apart from being violative of fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the same and pass…” 2. Learned counsel for the Petitioners submits that the petitioners are eking out their livelihood by working as coolie. The petitioners occupied 3 cents each of Government land and constructed „Thin Sheet Sheds‟ in the year 2010 and residing in the said houses with their respective 3 NV,J W.P.No.9586 of 2025 families. The municipal authorities have assigned Door Nos.6-4-660, 6- 4-675, 6-4-674 and 6-4-661 (3 cents) of Madakalavaripalli, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District 3. While things stood thus, the Respondent No.3 issued notice dated 22.03.2025 (received on 31.03.2025 by the petitioners) under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short “Act, 1905”)to all the Petitioners to submit explanation why action should not be taken for unauthorized occupancy of the Government Land and upon receipt of the said notices, the Petitioners were constrained to submit the reply dated 03.04.2025 through registered post since the respondent No.3 refused to receive the reply from the Petitioner and to acknowledge the same. After reply to the notices impugned the Respondent No.3 did not pass any order under Section 6 of the Act, 1905 till date. While so, the subordinates of the Respondent No.3 came to the petitioners‟ property on 08.04.2025 and tried to evict the petitioners from the subject property and also tried to demolish the subject houses and with utmost difficulty the petitioners resisted the same, further the subordinate staff of the Respondent No.3 has warned the petitioners that if the petitioners will not vacate the premises within three days petitioners will be evicted from 4 NV,J W.P.No.9586 of 2025 the subject property with the help of police support. Aggrieved by the action of the Respondents, the present Writ Petition is filed. 4. During hearing, learned counsel for the petitioners submits that even though Section 7 of the A.P. Land Encroachment Act, 1905 provides an opportunity to the petitioners to offer an explanation within seven days, the 3rd respondent is not accepting the same and requested this Court to direct the 3rd respondent to consider the explanation submitted by the petitioners in accordance with law. 5. On the other hand, learned Government Pleader for Revenue, supported the action of the 3rd respondent in issuing the impugned notice after determination of the nature of land and occupation without any valid permission from the competent authority and also assessed in all respects and requested to dismiss the writ petition. 6. Heard learned counsel for the petitioners, learned Government Pleader for Revenue and perused the material available on record. 7. As seen from the material on record including the show-cause notice issued under Section 7 of the Act, the petitioners are admittedly in possession of the property, but their possession is an encroachers. Apart from that, a notice issued under Section 7 of the Act is only a show- 5 NV,J W.P.No.9586 of 2025 cause notice calling for explanation of the petitioner as to why they should not be evicted from the property and encroachment should not be removed. But, the only contention is that the 3rd respondent is not accepting and considering the explanation of the petitioners. 8. Even assuming for a moment that these petitioners are encroachers, who is allegedly in unauthorized possession of the property, still after issuing notice under Section 7 of the A.P. Land Encroachment Act, the respondent/ Tahsildar is required to pass detailed order after affording opportunity reasonably to the petitioners, as held in the case Kadiyala Sudershan and others Vs. Government of Andhra Pradesh1. 9. 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. Unless the order contains reasons, the appellate authority will not be in a position to examine the validity or otherwise of the order and decide the appeal. 1 1 2013 (6) ALT 42 6 NV,J W.P.No.9586 of 2025 10. Hence, this Court deems it appropriate to direct the 3rd respondent to consider the explanation/reply dated 03.04.2025 said to have been submitted by the petitioners and pass appropriate orders within two (02) months from the date of receipt of a copy of this order. In the meanwhile, the respondents are directed not to take any coercive steps against the petitioners in respect of the subject property. 11. With the above direction, writ petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:10.04.2025 krk 7 NV,J W.P.No.9586 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 65 WRIT PETITION NO:9586/2025 Date:10.04.2025 krk