IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVA TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE r \ PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT APPEAL NO: 700 OF 2025 Writ Appeal under clause 15 of the Letters Patent to set-aside the order dated 07.05.2025 passed in W.P.No. 12530 of 2025 on the file of the High Court. Between: 1. Chenchunedi Guravamma @ Gowramma, W/o Venkateswarlu, Aged about 47 years, Occ Agricultural Coolie, R/o Vellaturu Village, Bollapalli Mandal, Palnadu District. 2. Kancherla Govindiayya, S/o Nagayya, Aged about 47 years, Occ Agricultural Coolie, R/o • Vellaturu Village, Bollapalli Mandai,Palnadu District. 3. Chopporapu Chinamanniah, S/o Venkateswarlu, Aged about 55 years Occ Agricultural Coolie, , R/o Vellaturu Village, Bollapalli Mandal’ Palnadu District. 4. Kambampati Dasu, S/o China Tripuraiah, Aged about 60 years Occ Agricultural Coolie, R/o Vellaturu Village, Bollapalli Mandal,Palnadu District. 5. Gangeboina Manneiah, (Died) per LRs Gangeboina Munaiah S/o Late Gangeboina Manneiah Aged 32 years, Occ Agricultural Coolie, R/o Vellaturu Village, Bollapalli Mandal,Palnadu District. 6. Mila Narayana, S/o Bakkaiah Aged about 60 years, Occ Agricultural Coolie, R/o Vellaturu Village, Bollapalli Mandal,Palnadu District. 7. Banaganapalli Lala Hussain, S/o Chinnabi, Aged about 45 years Occ Coolie, R/o Vellaturu Village, Bollapalli Mandal,Pal’nadu 8. Gudia Chinna Venkaiah, S/o Chenchaiah, Aged about 43 years Occ ofs'tricf^'^^' R/o Vellaturu Village, Bollapalli Mandai,Palnadu 9. Garikapati Chinnamanne Paliaiah, S/o Allaiah, Aged about 60 years Occ Agricultural Coolie, R/d Vellaturu Village, Bollapalli Mandal’ Palnadu District ...Appellants AND 1. Dronadula Mallikharjuna Chari, S/o Gurunadham, Aged 56, R/o 3-96 Vellaturu Village, Bolfapalli Mandal, Palnadu Guntur. 2. State of Andhra Pradesh, Revenue Department, Rep by its PrI. Secretary, Secretariat Buildings, Velagapudi, Amaravati. 3. State of Andhra Pradesh, Roads and Buildings Department, Rep by its PrI. Secretary, Secretariat Buildings, Velagapudi, Amaravati. 4. District Collector, Palnadu District. 5. Revenue Divisional Officer, Narsaraopet Division, Palnadu District. 6. Mandal Revenue Officer, Bollapalli Mandal, Palnadu District. 7. The Village Revenue Officer, Vellaturu Village, Bollapalli Mandal, Palnadu District. 8. Assistant Executive Engineer, Roads and Buildings Department, Bollapalli Mandal,Palnadu District. 9. Mandal Surveyor, Vellaturu Village, Bollapalli Mandal, Palnadu District. 10. Village Surveyor, Bollapalli Mandal, Palnadu District. 11. Mila Bhrammafaju, S/o Veera Narayana, Aged about 49 years, R/o Vellaturu Village, Bollapalli Mandal,P alnadu District. 12.Tiruvaipati Tayaramma, W/o Nambayya, Aged about 54 years, R/o Vellaturu Village, Bollapalli Mandal, Palnadu District. ...Respondents lA NO: 3 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 grant stay of operation of the order dated 07.05.2025 passed in W.P.No. 12530 of 2025 . Counsel for the Appellants: SR! M SOLOMON RAJU Counsel for the Respondent No.1: SRI MUTyXlA SOBHANADRI NAIDU Counsel for the Respondents No.2, 4 to 7, 9 & 10: GP FOR REVENUE Counsel for the Respondents No.3 & 8: GP FOR ROADS AND BUILDINGS Counsel for the Respondents N0.TI & 12: None The Court made the following: Order APHC010291692025 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 3541 TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE [IJPRESENT THE HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO AND THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT APPEAL No.700 OF 2025 Between: Chenchunedi Guravamma @ Gowramma and 8 others. Appellants and Dronadula Mallikharjuna Chari and 11 others. Respondents Counsel for the Appellant Counsel for the Respondent No.1: Counsel for the Respondent Nos.2, 4to7, 9& 10 Counsel for'the Respondent NOS.3&8 Sri M. Solomon Raju Sri M. Sobhanadri Naidu G.P. for Revenue G.P. for Roads & Buildings Counsel for the Respondent Nos.11 & 12 The Court made the following JUDGMENT: (Per Hon’ble Sri Justice R. Raghunandan Rao) The 1®* respondent, who is said to be a resident of Vellaturu Village, Bollapalli Mandal of Palnadu District, approached this Court by way of Writ Petition No. 12530 of 2025 contending that the appellants herein, who were arrayed as respondent Nos.11 to 16 2 RRR,J& JS,J WA No 700/2025 and 18 to 20 in the Writ Petition, were in un-authorized occupation of the property in Survey No.685 of Vellaturu Village and the said un-authorized occupation was affecting the road access to the abutting property of the petitioner in Survey No.686 of Vellaturu Village. He had sought a direction from the Court to the official respondent Nos.3 to 6 in the Writ Petition, to remove the illegal encroachments of the appellants herein. 2. A learned single Judge of this Court disposed of the Writ Petition by way of an order, dated 07.05.2025, directing the official respondents to proceed with further eviction of the appellants. A perusal of the said order would show that the learned single Judge had been informed that notices had earlier been served 3. under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, ‘the Land Encroachment Act’) and subsequently order under Section 6 of the Land Encroachment Act had also been passed. On the basis of this submission, the learned single Judge took the view that all necessary proceedings under the Land Encroachment Act had been completed and further action of removal of encroachments should be taken up. Aggrieved by the said order, the appellants herein, who were arrayed as respondent Nos. 11 to 16 and 18 to 20 in the Writ 4. 3 RRR,J& JS,J WA No.700/2025 Petition, have approached this Court by way of the present Writ Appeal. The case of the appellants is that they had received notices 5. under Section 7 of the Land Encroachment Act. Further, no order under Section 6 of the Land Encroachment Act had been passed by the 07*^ of May, 2025 and the said order had, in fact, been passed only on 10.06.2025. The appellants have also produced the notices/orders served on them, under Section 6 of the Land Encroachment Act, which show that the proceedings under Section 6 of the Land Encroachment Act are of dated 10.06.2025. In the circumstances, it would be appropriate to hold that the proper facts had not been placed before the learned single Judge. 6. In the circumstances, keeping in view the fact that the appellants claimed to be in long standing possession of the land, it would be appropriate to dispose of the Writ Appeal by setting-aside the order of the learned single Judge in Writ Petition No. 12530 of 2025, dated 07.05.2025, as well as the order under Section 6 of the Land Encroachment Act, with a further direction to the 6 respondent to grant time of two (2) weeks from today, to the appellants to put forth their objections to the notices issued under 7. 1 th 4 RRR,J & JS,J WA No700/2025 Section 7 of the Land Encroachment Act. Thereafter, it would be open to the 6*'' respondent to pass appropriate orders under Section 6 of the Land Encroachment Act, after giving an opportunity of hearing to the appellants and to take further action in accordance with such orders. Needless to say that the entire process should be completed within a period of four (4) months from the date of receipt of a copy of this order. Accordingly, with the above direction, the Writ Appeal is 8. disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall SDI- V.DIWAKAR DEPUTY REGISTRAR stand closed. //TRUE COPY// SECTION OFFICER To, 1 Prinrinal Secretary State of Andhra Pradesh, Revenue Department, Secretary, Secretariat Buildings, Velagapudi, Amarava i. 2. The Principal Secretary, State of Andhra Pradesh, Roads and Buildings Department, Secretariat Buildings, Velagapudi, Amaravati. 3. District Collector, Palnadu District. Divisional Officer, Narsaraopet Division, Palnadu District. 4. Revenue 5. Mandal Revenue Officer, Bollapalli Mandal, Palnadu District. Vellaturu Village, Bollapalli Mandal, 6. The Village Revenue Officer Palnadu District. 7. Assistant Executive Engineer, Roads and Buildings Department, Bollapalli Mandal, Palnadu District. 8. Mandal Surveyor, Vellaturu Village, Bollapalli Mandal, Palnadu District. 9. Village Surveyor, Bollapalli Mandal, Palnadu District. 10. One CC to SRI M SOLOMON RAJU Advocate [OPUC] 11. One CC to SRI MUTYALA SOBHANADRI NAIDU Advocate [OPUC] 12. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 13. Two CCs to GP FOR ROADS AND BUILDINGS, High Court of Andhra Pradesh [OUT] 14. Three CD Copies gsg HIGH COURT DATED: 17/06/2025 ORDER AND«^ (x 19 JUN 2025 . Current aeciion >£2espATC«^^ WA.No.700 of 2025 DISPOSING THE WRIT APPEAL WITHOUT COSTS