IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF MAY' TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 1?fi43 OF 2Q2*i'^ AMARAVATI A '.c VI- NIMMAGADDA Between: Subramanyam, Aged about 60 years R/o Nellaoalli •■■Petitioner AND Pradesh, Represented by its Principal Secretary Guntur DistdCt "^® ’ Buildings, Velagapudi Amaravathi,’ 2. The District Collector, Chittoor^strict. 3. The Tahsildar, G.D. Nellore Mand^Chittoor District. ''' ChittoorTstricr™® ^'^3® G D- Nellore Mandal, ■■■Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a Writ of Mandamus, ch^enging the action of the Respondents in issuing proceedings C.No./0^2025, dated 21.02^025 wherein proposing to lay the road in Sy.No. 22/7C, to an extent of Ac.4-02 cents of Nellapalli Revenue Village, G.D.Nellore Mandal, without acquiring the land Chittoor District illegal, arbitrary and violation of principles of ' respondents not to interfere with .the possession of the petitioner's land in Sy.No.22/7C to an extent of Ac.4-02 cents of Nella^lli Revenue Village, G.D.Nellore Maandal, Chittoor District and pass as natural justice and consequently direct the r lA MO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents not to interfere with the may be possession of the petitioners iand in Sy.No,2277C to an extent of Ac.4-02'^ents of Nellapalh Revenue Village, G.D.Nellore Mandal, Chittoor District, pending disposal of the Writ Petition. Counsel for the Petitioner: SMT Y.MAHA LAKSHMI > Counsel for the Respondents: GP FOR REVENUE The Court made the following order: w er- APHC010253072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HffiS [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12643/2025 Between: S Chinnappa ...Pt 111 iONbK AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.Y MAHA LAKSHMI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12643/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus challenging the action of the respondents in issuing proceedings C.No./01/2025 dated 21.02.2025 wherein proposing to lay the road in Sy.No.22/7C to an extent of Ac. 4.02 cents of Nellapalli Revenue Village, G.D. Nellore Mandal, Chittoor District without acguiring the land as illegal, arbitrary and violation of principles of natural justice and conseguently direct the respondents not to interfere with the possession of the petitioners land in Sy.No.22/7C to an extent of Ac. 4.02 cents of Nellapalli Revenue Village, G.D. Nellore Mandal, Chittoor District and pass such other order. ” Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 2. 3. Learned counsel for the petitioner submits that the petitioner was assigned with the land admeasuring to an extent of Ac.4.30 cents in Sy.No.22/7C of Nelapalli Village, G.D. Nellore, Chittoor District. Since then, the petitioner has been in possession and enjoyment of the subject lands without there being any hindrance from any quarter. While being so, the respondents are trying to lay a road through midst the petitioner’s land without adhering to the due process as contemplated under Act 30 of 2013. Further to the surprise of the petitioner, the respondents issued 3 notice on 21.02,2025 directing the petitioner to substantiate his claim over the subject property. He further submits that even though the petitioner is an encroacher, she is entitled for due process of law. But without following the due process, the respondents are proceeding with laying of the road. Hence, the Writ Petition. 4. On the other hand, learned Government Pleader for the respondents submits that since the notice is issued by the respondents on 21.02.2025 requesting the petitioner to substantiate his claim over the subject property for demarcation and identifying the property of the petitioner. If the petitioner submits explanation to the said notice, the respondents will consider the same and follow due process of law. 5. Considering the submissions made by both the learned counsel and on perusal of the material placed on record and also notice issued by respondent No.3, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit a detailed explanation, within a period of two (2) weeks from the date of receipt of copy of this Order. After such submission, the respondents shall consider and pass appropriate orders, after providing opportunity of hearing to the parties concerned, within a period of two (2) months thereafter. Till then, the respondents are directed not to proceed with the laying of any road in the subject property. 4 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR 0^ //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue CT^artment, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 1. 2. The District Collector, Chittoor District. 3. The Tahsiidar, G.D. Nelior^Mandai, Chittoor District. 4. The Village Revenue Officer, Nellapalle Village G.D. Nellore Mandai Chittoor District. 5. One CC to Smt Y Maha Lakshmi, Advocate [OPUC] 6. Two CCs to GP for RevenbC^High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM A. HIGH COURT DATED:07/05/2025 AND/yjKs!^ 5 15 MAY 2025 ^ ■ Current tiecuon . ORDER ,*2: f WP.No.12643of2025 DISPOSING OF THE WP WITHOUT COSTS