::1:: APHC010191452025 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: 9671/2025 Between: Maddikari Anasuyamma ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION No,9671 of 2025 This Court made the following ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “..to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the 4th respondent in seizing the Bore well in view of issuance of Notice Under Section 6 and 7 of Andhra Pradesh Land Encroachment Act, 1905 asking the petitoner to vacate the property admeasuring an extent of Ac.3.22 cents in Sy.No.2854/2, situated in Burraladinnepalli, H/o T. Sundupalli Village and Mandal, Annamayya District without following due process of law as illegal, arbitrary, highhanded and violation of principles of natural justice and also violation of Articles 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 by reopen the Bore well and pass....” 2. During hearing, learned counsel for the petitioner, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioner from his land, without following due process of law. 3. Learned Assistant Government Pleader for Revenue, admitted that the petitioner is continuing in the possession of 3 subject land and the respondents authorities would follow due process of law and requested to pass appropriate orders. 4. Learned counsel for the Petitioner submits that the Petitioner is in possession and enjoyment of the property admeasuring an extent of Ac.3.22 cents in Sy.No.2854/2, situated in Burraladinnepalli, H/o T. Sundupalli Village and Mandal, Annamayya District. Even though the Petitioner has been in long standing possession on the subject property, without serving any notice Under Section 7 of A.P. Land Encroachment Act, 1905 (for short “the Act, 1905”), issued notice Under Section 6 of the Act, 1905 without observing principles of natural justice and without following due process of law. 5. On the other hand, learned Government Pleader for Revenue submits that the Section 7 notice was issued to the petitioner herein on 20.03.2025 and even after receipt of the same no explanation was offered by the Petitioner, then the 4th Respondent herein having no other option issued eviction notice Under Section 6 of the Act, 1905 and even for this notice also there is no explanation till today from the Petitioner. In consequence to the eviction notice, 4 the Respondents are taking steps to resume the land. At that juncture, the present Writ Petition is filed. 6. Having regard to the submissions made by both the learned counsels, it is observed that the 4th respondent herein issued notice Under Section 7 of the Act, 1905 alleging that the Petitioner is an encroacher of Government land, and called for explanation by producing proof of title and possession of the subject property. As contended by the learned counsel for the Petitioner the said notice was not served upon the petitioner and hence there is no occasion to submit any explanation for Section 7 notice. In the meanwhile, the petitioner was issued eviction notice Under Section 6 of the Act, 1905 on 29.03.2025 against which the Petitioner has a statutory right to prefer an appeal within 60 days as per Section 10 of the Act, 1905. Even without waiting for completion of such statutory period to prefer an appeal, the respondents are trying to evict the petitioner from the subject property. 7. In view of the reasons aforementioned, the petitioner is permitted to assail the order passed Under Section 6 of the Act, 1905 by way of an appeal before the 3rd Respondent herein within a period of three (3) weeks from the date of receipt of a copy of this 5 order and after preferring of such appeal, the 3rd respondent herein is directed to consider the same after affording an opportunity of personal hearing to the petitioner and other stakeholders, if any, and pass appropriate orders in accordance with law as expeditiously as possible. Till the disposal of the appeal, the respondents are directed not to interfere with the petitioner’s peaceful possession and enjoyment of the subject property. Learned counsel for Respondents is directed to inform the order of this Court to Respondent Authorities. 8. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 10.04.2025 krk 6 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA 165 WRIT PETITION NO.9671 of 2025 10.04.2025 krk