1 NV,J WP No.12964 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.12964 of 2025 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief: “Writ of Mandamus declaring the Notice in Ref No C/155/2025 dated 28.04.2025 issued by the respondent No 4 under Section 7 of the Encroachment Act 1905 treating me as an encroacher and calling upon the petitioner to submit her explanation on or before 12.05.2025 as to why she shall not be evicted from the land in an extent of Ac.0-03 cents in Sy No.1867 of Nadimpalli Village Vontimitta Mandal Y S R District which has been assigned in her favour through the D-Form patta dated 30.06.2009 as arbitrary illegal colorable exercise of power and quite contrary to the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to her under Articles 14,19,21 and 300-A of the Constitution of India and consequently set-aside the same” 2. The petitioner was assigned with land of an extent of Ac.0-03 cents in Sy.No.1867 of Nadimpalli Village, Vontimitta Mandal, YSR District on 30.06.2009. Since then, the petitioner has been in possession and enjoyment of the property without interference from anyone. While so, when the respondents tried to interfere with the possession and enjoyment of the property of the petitioner, the petitioner filed W.P.No.4843 of 2025, wherein the Hon’ble Court disposed of the writ petition on 07.03.2025, directing the 2 NV,J WP No.12964 of 2025 respondents not to dispossess the petitioner from the subject property, except by following due process of law. Thereafter, Respondent No.4 issued notice dated 17.03.2025 alleging that the petitioner encroached the subject land and made constructions. In pursuance of the same, Respondent Nos.5 & 6 conducted enquiry and submitted their report stating that, as per RSR the land in Sy.No.1867 & 1868 are classified as Hillock and Rastha and the petitioner encroached the land of an extent of Ac.0-05 cents and constructed a house and called upon the petitioner to attend for enquiry along with relevant records. Though the petitioner submitted representation/explanation on 20.03.2025, Respondent No.4 issued second Notice dated 28.04.2025 under Section 7 of the A.P. Encroachment Act, 1905, calling for explanation as to why the petitioner shall not be treated as an encroacher. Challenging the eviction notice dated 28.04.2025, the present writ petition is instituted. 3. No counter affidavit/instructions are filed by the respondents. 4. From the record, it is evident that the respondents initially issued notice dated 17.03.2025, to which the petitioner appeared in person and submitted detailed explanation. But, again the respondents issued the impugned eviction notice dated 28.04.2025, without taking into consideration the explanation offered by the petitioner. 3 NV,J WP No.12964 of 2025 5. Since the respondents invited explanation from the petitioner for the notice dated 17.03.2025, duty is cast upon the respondents to consider the explanation submitted by the petitioner and pass a reasoned order. Without passing such reasoned order, issuing the impugned eviction notice by the respondents, as if the petitioner is an encroacher is highly illegal and arbitrary. 6. It is settled proposition of law that, once an authority while acting as quasi judicial authority, issued a show cause notice inviting explanation and received explanation from the party concerned, it is the duty on the part of the respondent/authority to pass reasoned order in accordance with law. Without adhering to the administrative compliance on the part of the authority, issuing the impugned notice under Section 7 of the A.P. Land Encroachment Act, 1905, is nothing but deviating the principles of administrative law and proposed action of the respondents is illegal, arbitrary and high-handed, as such, the impugned notice is liable to be set-aside. 7. In the result, writ petition is allowed with the following directions: a. The action of Respondent No.4 in issuing Notice dated 28.04.2025 is declared as illegal and arbitrary; b. Notice dated 28.04.2025 is hereby set-aside; 4 NV,J WP No.12964 of 2025 c. Respondents are directed to consider the explanation submitted by the petitioner and pass appropriate reasoned order within a period of four weeks from the date of receipt of copy of this order. After passing reasoned order, the respondents are at liberty to proceed further, in accordance with law. 8. Consequently, miscellaneous applications pending if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 08.05.2025 SP 5 NV,J WP No.12964 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.12964 of 2025 Date: 08.05.2025 W SP