1 APHC010253952025 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: 12694/2025 Between: Konda Veera Raghavulu ...PETITIONER AND The State Of Ap ...RESPONDENT Counsel for the Petitioner: 1. A V V S N MURTHY Counsel for the Respondent: 1. The 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 order or direction or writ more particularly one in the nature writ of mandamus, declaring the action of respondent Nos. 4 and 5 proceeding further pursuant to the impugned notice issued U/s 3,5,6 and 7 of the A.P. Land Encroachment Act, 1905 dated 27-03-2025 and 07- 03-2025 and making afforts to evict the petitioner and these resume the land to an extent of Ac 0.51 cents in Sy.No.207/8 situated at Maddurpadu Village, Kavali Mandal, SPSR Nellore District without considering the explanation submitted by the Petitioner 04-04-2025, 2 without giving an opportunity to the heard as Arbitrary, illegal and contrary to the very Provisions of the A.P Land Encroachment Act, 1905 and offends Articles 19(i), (e) and Article 21 of the Constitution of India and Consequently direct the respondents to Pass appropriate orders on the explanation dated 04-04-2025 of the petitioner before Proceeding further and to pass such other order or orders” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioner submits that the petitioner made representations to the revenue authorities on 23.12.2024 and 07.04.2025, requesting for the issuance of a patta on the basis of long- standing possession as a landless poor person. He further submits that an endorsement made on the representation of Grievance that the said request is going to be finalized and pass appropriate orders on or before 21.06.2026. While things stood thus, the respondent No.5 issued herein impugned notices dated 27.03.2025 and 07.03.2025 under sections 3, 6 and 7 of the Andhra Pradesh Land Encroachment Act, 1905 stating that the petitioner has encroached the subject land admeasuring to an extent of Ac.0.51 in Sy.No.207/8 situated at Maddurpadu Village, Kavali Mandal, SPSR Nellore District. Pursuant to the impugned notices dated 27.03.2025 and 07.03.2025 issued by the 5th respondent, the petitioner submitted an explanation to the 5th respondent dated 04.04.2025. Even after receipt of the reply/explanation submitted by the petitioner pursuant to the impugned notice, without considering the same the respondents authorities are trying 3 to interfering with the peaceful possession and enjoyment of the subject property and trying to evict the petitioner in his subject land, which is contrary to law. Hence the writ petition. 4. On the other hand, learned Government Pleader for Revenue, supported the action of the 5th 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. 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 Pradesh1. 6. 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 4 7. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents submits that, this court is of the considered view that, the present writ petition can be disposed of by directing the 5th respondent to consider the reply/explanation dated 04.04.2025 submitted by the petitioner pursuant to the impugned notice dated 27.03.2025 and 07.03.2025 under section 7 of the Andhra Pradesh Land Encroachment Act, 1905, and pass appropriate orders within two (02) months thereafter. In the meanwhile, the respondents are directed not to take any coercive steps against the petitioner. 8. With the above direction, writ petition is disposed of. No costs. 9. Consequently, miscellaneous petitions pending, if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:09.05.2025 klk 5 294 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12694 2025 Date:09.05.2025 klk