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2025 DAILYLAW 20088 (AP)

SAMARDI BHAVANI v. THE STATE OF AP

WP/14192/2025 · 2025-06-11

Kiranmayee Mandava

body2025

Judgment text

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H IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14192 OF 2025 Between: Samardi Bhavani, W/o. D. Anand Rao, D/o. Samardi Bhaskara Ra^ aged about 36 years R/o. D.No. 2-60, Konda Street, Near RTC Complex Araku Valley Mandal, Alluri Sitharamaraju District, (Erstwhile Visakhapatnam), Andhra Pradesh- 531149. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. The Collector, Alluri Sitharamaraju District, Andhra Pradesh. The Tashidlar, Araku Valley Mandal, Alluri Sitharamaraju District, Andhra Pradesh. 1. 2. 3. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in the impugned show-cause Notice vide Proceedings issuing Rc.No.94/2025/C.Sa dated 05.05.2025, received on 26.05.2025, in respect of Plot No. 95, Block-A, of an extent of Ac.0,02 cents in Sy.No.10.2 of Kantabamsuguda Village, Pedalabudu Gram Panchayat, Araku Valley Mandal, Alluri Sitharamaraju District, Andhra Pradesh and not receiving my explanation dated 02.06.2025 and thereby threatening me to demolish my house as early as possible for being illegal, arbitrary and devoid of principles of natural justice, against the provisions of Andhra Pradesh Land 4 Encroachment Act, 1905 and The Andhra Pradesh Rules, 1976, framed thereunder and Land Encroachment unconstitutional and consequently direct the respondent No.3 not to demolish and interfere with peaceful possession and enjoyment of the petitioner property in respect of Piot No. 95, Block-A, of an extent of Ac.0.02 Kantabamsuguda Village, Pedalabudu Gram Panchayat Mandal, Alluri Sitharamaraju District, Andhra Pradesh. cents in Sy.No.10.2 of Araku Valley lA NO: 1 OF 2n7.«> 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 respondent No.3 forthwith may be not to demolish and property in respect of an extent of Ac.0.02 cents in Sy.No 10.2 of Panchayat, Araku Valley pending disposal of interfere with peaceful possession of the petitioner Plot No. 95, Block-A, of Kantabamsuguda Village Pedalabudu Gram Mandal, Alluri Sitharamaraju District, Andhra Pradesh, the above writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO BODDULURI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 7 APHC010281262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY. THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14192/2025 Between: ...PETITIONER Samardi Bhavani AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1 .SRINIVASA RAO BODDULURI Counsel for the Respondent(S); 1.GP FOR REVENUE 2 i The Court made the following Order: Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. Pursuant to the notice issued under Section 7 of Andhra Pradesh Land Encroachment Act, 1905, it is stated that the petitioner has submitted her objections on 02.06.2025. However, without passing any orders pursuant to the said show cause notice, the respondents are contemplating eviction of the petitioner from the subject land. Thus, the instant writ petition is filed. 2. 3. Considering the rival submissions, the writ petition is disposed of directing the respondent No.3-Tahsildar to consider the objections filed by the petitioner before passing final orders under Section 6 of Andhra Pradesh Land Encroachment Act. It is needless to observe that the petitioner shall be granted an opportunity of hearing. Till passing the final orders, the respondents are directed not to dispossess the petitioner from the subject land. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Pmdesh^Serr^fSl^v’ Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh. 2. The Collector, Alluri Sitharamaraju District, Andhra AndhTl^Pradesh Mandal, Alluri Sitharamaraju District, 4. One CC to Sri Srinivasa Rao Bodduluri, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. 6. Two CD Copies Pradesh. [OUT] RAM HIGH COURT DATED: 12/06/2025 ORDER -© •70 WP.No.14192of 2025 5 13 JUN 2125 \loesPATCWiS fT» (*>! DISPOSING OF THE WP WITHOUT COSTS