1/ 5i IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAV^^^^ WRIT PETITION NO: 14163 OF 202fi AMARAVATI U.(' am m Between: Pogula Madhusudhan Rao, S/o. Venkateswarlu, Aged 65 Bit-1 A village, Muttukur Mandal, SPSR Nellore District. years, R/o. Epuru ...PETITIONER AND 1. State of Andhra Pradesh, Revenue Department, Secretariat Velagapudi, Amavarathi, Guntur District. Rep. by its Principal Secretary. 2. The District Collector, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Muttukur Mandal, SPSR Nellore District. ...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 a writ or direction more particularly in the nature of a writ of Mandamus under article 226 of the constitution of India may declaring action of the 4th respondent in issuing notice in Rc.B.33/2024 dt. 12.05.2025 under Sec.7 of the Land Encroachment Act, 1905 and passing the Orders in Rc.B.33/2024 dt.24.05.2025 under Sec.6 of Act 3 of Andhra, 1905 in directing the Petitioner to evict the land of an extent 17 Ankanams or Ac.0.283 cents, in Sy.No.602, situated at Epuru Bit-ll village, Muttukuru Mandal, SPSR Nellore District within a period of 3 days from the date of receipt of the notice and without considering the explanation submitted by the petitioner dt. 29.05.2025 as illegal, arbitrary, one without jurisdiction, violation of principles of natural justice, in contravention of provisions of Andhra Pradesh Land Encroachnnent Act, 1905 and in violation of Article 300-A of the Constitution of India and consequently direct the respondents not to interfere with the possession of the petitioner with respect to land of an extent 17 Ankanams or Ac.0.283 cents, in Sy.No.602, situated at Epuru Bit-ll village, Muttukuru Mandal, SPSR Nellore District by setting aside the notices of the 4th respondent in Rc.B.33/2024 dt. 12.05.2025 and 24.05.2025. 12.05.2025 and 24.05.2025. 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 of the petitioner with respect to land of an extent 17 Ankanams or Ac.0.283 cents, in Sy.No.602, situated at Epuru Bit-ll village, Muttukuru Mandal, SPSR Nellore District by suspending the notices of the 4th Rc.B.33/2024 dt.12.05.2025 and 24.05.2025. respondent in Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER / APHC010280452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14163/2025 Between: Pogula Madhusudhan Rao ...PETITIONER AND State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.0 SUBODH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: Heard Sri C.Subodh, learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. The Writ Petition is filed against the order of the 4^*^ respondent passed under Section 7 of the Andhra Pradesh Land Encroachment Act, 2. 1905, dated 12.05.2025 and the proceedings dated 24.05.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. 2 'Vi'^ 3. It is contended .that pursuant to the show cause notice issued under Section 7 of Andhra Pradesh Land Encroachment Act, 1905 requiring the petitioner to file his explanation within seven days from the date of issuance of the notice, the petitioner has submitted his explanation on However, the impugned order was passed without considering the said explanation and directing the petitioner to vacate the subject land within a period of three days from the date of receipt of notice stating that the explanation offered by the petitioner is not satisfactory. It is contended that the same is passed without referring to the specific contentions urged by the petitioner. Sri C.Subodh, learned counsel appearing for the petitioner contends that the procedure contemplated under the provisions of the Andhra Pradesh Land Encroachment Act, 1905 is a summary procedure having regard to the fact that the petitioner is in possession of the subject land for more than thirty years. 5. It is argued that in view of the long-standing possession, the respondents should not have resorted to the procedure under' the provisions of Andhra Pradesh Land Encroachment Act, 1905. He further submits that the impugned order is in gross violation of principles of natural justice. Accordingly, he prays for set aside of the impugned order. 29.05.2025. 4. 3 6. Having regard to the contentions advanced, the Writ Petition is disposed of by setting aside the order of the 4*^ respondent, and the respondent is directed to pass appropriate orders afresh after considering the explanation of the petitioner dated 29.05.2025 after giving due opportunity of hearing. Till passing of such orders, the respondents are directed not to dispossess the petitioner from the subject land. There shall be no order as to costs. As a closed. sequel, all pending miscellaneous applications shall stand Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi Amavarathi,Guntur District. 2. The District Collector, SPSR Nellore District. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Muttukur Mandal, SPSR Nellore District. 5. One CC to Sri C Subodh, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATED:05/06/2025 ORDER WP.No.14163 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS