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 NIMMAGADDA WRIT PETITION NO: 12653 OF Q()9R AMARAVATI Between: Aqricultifr°Rto^’ D Nn Aged 27 Years, Occ AnnamaiLh oistric?^ ' Penagalur Mandal, ..Petitioner AND of Andhra Pradesh, Rep.by its Principal Secretary Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. DisIricfA P Annamaiah District, Raya Choti, Annamaiah 3. The Sub collector, O/o Revenue Divisional Office Annamaiah, District, A.P Rajampet, 4. The Tahsildar, Penagalur Mandal, Annamaiah, District, A.P. Mand'ir^nnaS" SslricP°>' Viilage,Penagaiur DillrEf Station. Annamaiah ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the Affidavit filed therewith, the High Court be pleased to issue an order or direction praying that in may more in the nature of Writ of Mandamus in declaring the action of the Respondents herein in interfering with the possession and enjoyment of the Petitioners subject land admeasuring an extent of Ac.2.00 cents out of Ac.6.13 cents situated in Penagalur Mandal, petitioners Sy.No.22-4N3 of Narasingarajapuram Village Annamaiah District, Andhra Pradesh, without considering the explanation through legal notice dt 05.03.2025 in Ref. No A/142/2024 Under Section 6 Notice of AP Encroachment Act dt 27/02/2025 and in Ref. No B/191/2024 Under Section 7 Notice, dt 31.12.2024 of AP Encroachment 3rd Act without conducting the survey, without passing any final orders/proceedings and without following due process of law as wholly illegal, arbitrary, unjust, untenable, without jurisdiction, contrary to principles of natural justice, besides being violative of Article 14, 21 and 300-A of Constitution of India and consequently direct the Respondents herein not to dispossess the Petitioners herein from his lands admeasuring an extent of Ac.2.00 cents out of Ac.6.13 cents situated in Sy.No.22-4N3 of Narasingarajapuram Village, Penagalur Mandal, Annamaiah District, Andhra Pradesh, without following due process of law. lA NO: 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 may be pleased to direct the respondents not to interfere with the possession and enjoyment of the Petitioner in his lands admeasuring an extent of Ac.2.00 cents out of Ac.6.13 cents situated in Sy.No.22-4N3 Narasingarajapuram Village, Penagalur Mandal, Annamaiah District. Andhra Pradesh. of Counsel for the Petitioner: SRI K VENKATA SUBBAIAH Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR HOME The Court made the following order: APHC010253742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) lilfc-l-VH [3329] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12653/292^ Between: Avula Manohar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K VENKATA SUBBAIAH Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: ■ 2 t-v >.• THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12653/2025 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 declaring the action of the respondents herein in Interfering with the possession and enjoyment of the petitioner’s subject land admeasuring an extent of Ac.2.00 cents out of Ac.6.13 cents situated in Sy.No.22-4N3 of Narasingarajapuram Village, Penagalur Mandal, Annamaiah District, Andhra Pradesh without considering the petitioner’s explanation through legal notice dated 05.03.2025 in Ref No. A/142/2024 Under Section 6 Notice of A.P. Encroachment Act, dated 27.02.2025 and in Ref No. B/191/2024 31.12.2024 of A.P. Encroachment Act without conducting the survey, without passing any final orders/proceedings and without following due process of law as wholly illegal, arbitrary, unjust, untenable, without jurisdiction contrary to principles of natural justice, besides being violative of Article 14, 21 and 300-A of Constitution of India and conseguently direct the respondents herein not to dispossess the petitioner herein from his lands admeasuring an extent of Ac.2.00 cents out of Ac. 6.13 cents situated in Sy.No.22-4N3 of Narasingarajapuram Village, Penagalur Mandal, Annamaiah District, Andhra Pradesh without following due process of law and pass such other order. ” Under Section 7 Notice dated 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner has been in peaceful possession and enjoyment of the agricultural land admeasuring to an extent of Ac.2.00 cents out of Ac.6.13 cents in Sy.No.22-4N3, Narasingarajapuram Village, Penagalur Mandal, Annamaiah District, since from the date of 1 3 \ purchase i.e., 30.06.2022. While so, the respondents issued notice dated 31.12.2024 under Section 7 of the A.P. Land Encroachment Act, 1905. Later, the respondents issued proceedings dated 27.02.2025 under Section 6 of the Act, 1905 to the petitioner directing him to evict from the subject land. Then the petitioner has submitted his explanation dated 05.03.2025 to the 4"^ respondent in response to the Section 6 notice. But without considering the same, the respondents are proceeding to cut down the trees standing on the subject land. Hence, the Writ Petition. 4. Learned Government Pleader for the respondents submits that if the petitioner wants to challenge the proceedings issued under Section 6 of Act, 1905, since it is an appealable order. Hence, he can challenge the same by way of preferring an appeal under section 10 of the Act, 1905 before the appellate authority/Colle ctor. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, it is observed that as per Section 10 of Act, 1905, the petitioner can prefer an appeal if he aggrieved before the appellate authority challenging the impugned proceedings of eviction from the subject land issued by the 4*^ respondent under Section 6 of Act, 1905. Hence, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to file an appeal before the 3'"'^ respondent. V 4 w within a period of three (3) weeks from the date of receipt of copy of this Order. After filing such appeal, the 3'^^ respondent shall consider and dispose of the same, after providing opportunity of hearing to the parties concerned, within a period of three (3) months thereafter. Till then, there respondents are directed not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property. 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 I //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector of Annamaiah District, Raya Choti, Annamaiah District A.P. 3. The Sub collector, O/o Revenue Divisional Office, Rajampet, Annamaiah, District, A.P. 4. The Tahsildar, Penagalur Mandal, Annamaiah, District, A.P. 5. The Village Revenue Officer (VRO), Apparaju Peta Village, Penagalur Mandal, Annamaiah, District. 6. The Station House Officer, Penagalur Police Station, Annamaiah, District. 7. One CC to Sri K Venkata Subbaiah, Advocate [OPUC] 8. Two CCs to GP for Revertde, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 10. Two CD Copies RAM V- HIGH COURT DATED:07/05/2025 ORDER fl ’IMAY2075 S, ^^CurrMiaeciran^-? ^^6§S2fATCH60j?^ WP.No.12653 of 2025 DISPOSING OF THE WP WITHOUT COSTS