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2025 DAILYLAW 20159 (AP)

Nadimpalli Ravi Varma v. The State of Andhra Pradesh,

WP/14226/2025 · 2025-06-11

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATf^ (Special Original Jurisdiction) ^ THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14226 OF 2025 Between: 1. Nadimpalli Ravi Varma, S/o. Satyanarayana Raju, Aged about 73 years, Cultivation, R/o. D.No.191, Addateegala Village and Mandal, Alluri Sita Rama Raju District. Nadimpalli Venkata Ranga Raju, S/o. Satyanarayana Raju Aged about 65 years. Cultivation, R/o. D.No. 1-54, Addateegala Village and Mandal Alluri Sita Rama Raju District 2. ...PETITIONERS AND The State of Andhra Pradesh, Represented by its Principal Secretary (Revenue), Secretariat, Velagapudi, Guntur District. The District Collector, Alluri Sita Rama Raju District at Paderu. The Additional Agent to Government-cum- Project Officer, Alluri Sita Rama Raju District at Rampachodavaram. The Special Deputy Collector (Tribal Welfare), Rampachodavaram, Alluri Sita Rama Raju District. The Sub- Collector, Rampachodavaram Division, Rampachodavaram Alluri Sita Rama Raju District. The Tahsildar, Addateegala Mandal, Addateegala, Alluri Sita Rama Raju District. 1. 2. 3. 4. 5. 6. ...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 an Order or a Direction or a Writ more in the nature of Writ of Mandamus by declaring the action of the 4*^ Respondent herein in issuing the eviction notice under Section 7 of Andhra Pradesh Land Encroachment Act III of 1905 to the Petitioners 1 and 2 herein under proceedings A/22-168/ 2025 and A/ 22-169/2025 dt.2.6.2025 without considering the Status Quo Order dt.21.6.2016 passed by Hon'ble High Court for the State of Telangana and State of Andhra Pradesh at Hyderabad as arbitrary, autocratic, illegal and ultravires and against principles of natural justice and consequently direct the Respondents 1 to 4 herein not to dispossess the Petitioners 1 and 2 herein from their respective houses bearing Nos. 1-91 covered under R.S.No.56.17 and 1- 54 covered under R.S.No.18 situated at Addateegala Village and Mandal of Alluri Sita Rama Raju District without due process of law in the interests of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass an interim Order by way of Suspension by suspending the notices A/22-168/ 2025 and A/22-169/2025 dt.2.6.2025' issued by the 6''’'' Respondent herein pending disposal of the above writ petition on the file of this Hon’ble Court in the interests of justice. Counsel for the Petitioners : SRI CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent Nos.1 to 3, 5 & 6 : SRI T. SANJEEVARAO, ASST.GP FOR REVENUE Counsel for the Respondent No.4 : SRI U. KANAKA RAJU, GP FOR TRIBAL WELFARE The Court made the following: ORDER THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION N0.14226 OF 2025 ORDER: Heard the submissions of Sri Chandra Sekhar llapakurti, learned counsel for the petitioners, Sri T.Sanjeevarao, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1, to 3, 5 & 6 and Sri U.Kanaka Raju, learned Government Pleader for Tribal Welfare appearing for respondent No.4. 2. The grievance of the petitioners is that the respondents have issued notice dated 02.06.2025 under Section 7 of the A.P. Land Encroachment Act, 1905 for eviction of the petitioners from the subject property. Pursuant to the said notice, the petitioners have submitted their objections. But without considering those objections, the respondents are trying to evict the petitioners from the subject land. Learned counsel for the petitioners submits that earlier, this Court in Writ Petition No.33833 of 2010, directed the respondents to proceed with the enquiry pursuant to Form-E notices in respect of the subject property and pass appropriate orders. However, without passing appropriate orders, pursuant to the directions of 3. this Court in W.P.No.33833 of 2010, the respondents are contemplating to evict the petitioners from the subject property. Learned Government Pleader for Revenue, on written instructions, would submit that as per the directions in W.P(Pil) No.47 of 2025, the District Collector, Alluri Sitarama Raju District has issued instructions to the Tahsildars to identify and remove encroachments on objectionable Government lands. Pursuant to the said directions, the Tahsildar, Addateegala (respondent No.6) has issued Form-7 notices to the petitioners, who in turn submitted their explanation stating that LTRP No.116/2010 and LjRP no.117 of 2010 are pending. He further submitted that after due enquiry, the Special Deputy Collector (TW) Rampachodavaram, has passed final orders in No.116/2010 and LTRP No.117 of 2010, dated 19.03.2022. 3. LTRP 4. Considering the rival submissions, since the respondent authorities have not passed any final order, pursuant to the notice issued under Section 7 of the Act, this Court deems it appropriate direct the respondents to pass final order after considering the objections filed by the petitioners. to 3 5. Accordingly, the Writ Petition is disposed of directing the respondents to pass final order after taking into consideration the objections filed by the petitioners. Till passing of such final order, the respondents are directed not to dispossess the petitioners from the subject land. There shall be no order as to costs. 6. As a sequel thereto, interlocutory applications, if any pending, shall also stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// KSECTION OFFICER To (Revenue), State of Andhra Pradesh Secretariat, Velagapudi, Guntur District. 2. The District Collector, Alluri Sita Rama Raju District at Paderu. Dt^^Pc?"aVRampThXa" li"'Ra^nra'’R^j?c°!S ‘ Rampachodavaram Rafu^Disfricr’ Mandal, Addateegala, Alluri Sita 7. One CC to Sri Chandra Sekhar llapakurti. Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. GP for Tribal Welfare, High Court of Andhra 10.Three C.D. Copies. In® 2°ll®ctor, Rampachodavaram Division Alluri Sita Rama Raju District. Rama [OUT] Pradesh. Cnr HIGH COURT Cnr DATED:12/06/2025 VACATION COURT ORDER I 13 JUN 2025 WP.No.14226 of 2025 CO ★ DISPOSING OF THE W.P. WITHOUT COSTS