1 a / IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV^ (Special Original Jurisdiction) FRIDAY. THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12532 OF 2025 Between: Pagoti Subbi Naidu, S/o. late Rajappanna, Aged about 70 Cultivation, R/o Door No. 583, Challapeta Village, Post, Jalumuru Srikakulam District. years, Occ Mandal, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue Department, Secretariat, Buildings Amaravathi, Guntur District 2. The District Collector, Srikakulam , Srikakulam 3. The Tahslldar, Jalumuru Mandal, Srikakulam District to , Velagapudi, District ...RESPONDENTS of India praying that in the circumstances stated in the affidavit fiied therewith, the High Court be pleased to issue is in the nature of Respondent by issued the No.79/2026/A/dt. 28.02.2025 served i Land encroachment Act 1905, and another Petition under Article 226 of the Constitution may an appropriate Writ, order or direction mostly one which a Writ of Mandamus declaring the action of the 3 ante dated impugned notice vide Rc on dt 16/04/2025 under section 7 of AP notice vide Rc No. 06/2025.A.dt. 03.03.2025 basing on the complaint dt. 17.12.2024 subject schedule property Ac.0.70 cents of interfering into my agriculture land in Sy No. 6-2 situated in Lingalavalasa revenue village, Jalumuru Mandal of Srikakulam I dispossess the petitioner. district by trying to interfere and as illegal. ^ irregular, arbitrary, unjustified the Respondents to forbear unconstitutional and from taking any further steps unsustainable and direct in that regard. jA NO: 1 OF Petition under Section r:,rrr::zT ““ « ' in Lmgalavalasa Srikakulam District 151 CPC praying that in the cicircumstances petitioner's agriculture land in Sy No. Mandal of revenue village, Jalumuru Counsel for the Petir''"' The Court made the following; ORDER revenue 1 r APHC010242432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12532/2025 Between: Pagoti Subbi Naidu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1.GPFOR REVENUE 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12532/2025 The Court made the following ORDER:- This writ petition is filed under Article 226 of the Constitution of India claiming the following relief: 1. “to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring Respondent by issued the ante dated impugned notice vide Rc.No.79/2025/A/. 28.02.2025 served on dated 16/04/2025 under section 7 of AP Land encroachment Act 1905 , and another notice vide Rc No. 06/2025.A.dt. 03.03.2025 basing on the complaint dt. 17.12.2024 interfering into my subject schedule property Ac.0.70 cents of agriculture land in Sy No. 6-2 situated in Lingalavalasa revenue village, Jalumuru Mandal of Srikakulam district by trying to interfere and dispossess the petitioner, as illegal, irregular, arbitrary, unjustified, unconstitutional and unsustainable and direct the Respondents to forbear from taking any further steps in that regard” the action of the 3rd 2. The learned counsel for the petitioner submits that the petitioneris the absolute owner and possessor of the dry land admeasuring to an extent of Ac.0.70 cents of agriculture land in Sy.No. 6-2 situated in Lingalavalasa revenue village, Jalumuru Mandal of Srikakulam District. The subject property is an ancestral property and the petitioner issued pattadar passbooks and title deed in respect of the subject property. Thereafter the petitioner has been in possession and enjoyment of the subject property. He submits that the respondent issued impugned notices dated 28.02.2025 and 03.03.2025 under Section 7 of the A.P. Land Encroachment Act, 1905, basing on the complaint filed by the unofficial respondent and called for explanation from the petitioner why action shall not be initiated as per the provisions of the A.P. Land Encroachment Act, 1905. Even though the petitioner is willing to submit detailed explanation to the impugned notice issued by the 3' dated 28.02.2025 and 03.03.2025, the 3'^^ respondent is not allowing to receive the same and threatening to dispossess the petitioner. Hence, the present writ petition. as to respondent 3. During hearing, learned counsel for the petitioner submits even though Section 7 of the A.P. Land Encroachment that Act, 1905 provides an opportunity to the petitioner to offer an explanation within seven days, the 3'^ respondent is not accepting the same and requested this Court to direct the 3'"^ respondent to receive the explanation to be submitted by the petitioner in accordance with law. 4. On the other hand, learned Government Pleader for Revenue, supported the action of the 3^^ respondent in issuing the impugned notice <r after determination of the nature of land and permission from the competent authority and also respects and requested to dismiss the writ petition. occupation without any valid assessed in all 5. Heard learned counsel for the petitioner, learned Pleader for Revenue and perused the material available Government on record. 6. As seen from the material on record including the show-cause notice issued under Section 7 of the Act, the petitioner is admittedly in possession of the property, but his possession is alleged as an encroacher. Apart from that, a notice was issued under Section 7 of the Act is only a show-cause notice calling for explanation of the petitioner within a period of 7 days as to why he should not be evicted from the property, once it is show cause notice as per the terms of Section 7 of the Act, it is statutory obligation on the part of the respondent to receive the explanation or objections if any as offered by the petitioner. But, the only contention is that the 3'^'^ respondent is not accepting and receiving the explanation of the petitioner. Therefore, the 3'^^ respondent should receive the explanation or objections if any submitted by the petitioner with immediate effect. 5 Even assuming for a moment that this petitioner is an encroacher, 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 petitioner, as held in the case Kadiyala Sudershan and others Vs. Government of Andhra Pradesh^ 7. 8. 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 reasons, the appellate authority will not be in a position to examine the validity or otherwise of the order and decide the appeal. contains 9. Hence, this Court deems it appropriate to permit the petitioner to submit explanation to the 3'^'^ respondent Tahsildar pursuant to the Notice dated 28.02.2025 and 03.03.2025, under proper acknowledgment, within two weeks from the date of receipt of copy of this order. Thereafter, the respondent shall consider the explanation submitted by the petitioner and pass appropriate orders within two (02) months thereafter. In the 12013 (6) ALT 42 6 e meanwhile, the respondents are directed not to take any coercive steps against the petitioner. 10. With the above direction, writ petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT^REG’iSTR^ FFSCER //TRUE COPY// I I SE To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Buildings, Velagapudi, Amaravathi, Guntur District 2. The District Collector, Srikakulam , Srikakulam District 3. The Tahsildar, Jalumuru Mandal, Srikakulam District 4. One CC to Sri Umasankar Lokanadham, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:09/05/2025 ORDER WP.No. 12532 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS