APHC010311852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15862 OF 2025 Between; Gurrapusala Yedukondalu, S/o. Gurrapusala Venkateswarlu, Age.43 R/o. 5-79-1. Obuletivari Street Podili, Podili, Prakasam District, Andhra Pradesh. years. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The District Collector. Prakasam District, Andhra Pradesh. 3. The Joint Collector, Praksam District, Andhra Pradesh. 4. The Revenue Divisional officer, Kanigiri Revenue Division District, Andhra Pradesh. 5. The Thasildar, Podili, Kanigiri Revenue Division, Andhra Pradesh. Praksam Praksam 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 pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 5th impugned Proceedings rejecting the representations may be respondent in issuing submitted by the petitioner vide Rc.No.53/2024 dated 12.06.2025 and the consequential impugned eviction notice vide Rc.Dt./53/2024 dated 13.06.2025 under Section 6 of the Andhra Pradesh Land Encroachment (Extension and Amendment) Act, 1958 and the Andhra Pradesh Land Encroachment Act, 1905 as illegal, arbitrary, amounts to non performance of statutory duties, and is a grave violation of the fundamental rights guaranteed to the Petitioner under Articles 14, 19, and 21 of the Constitution of India and set aside the consequently to direct the Respondents to regularize and assign patta in favour of the Petitioner in respect of an extent of Ac.2.81 cents, as per the list of eligible beneficiaries and though an extent of Ac.4.81 cents was allotted, only Ac. 2.00 cents has been granted till date in Survey Nos. 1326/1 (3.62 cents) and 1325/5 (1.19 cents) in Podili Village, Podili Mandal, Kanigiri Revenue Division, Prakasam District, forthwith. same 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 suspend the impugned Proceedings vide Rc.Dt./53/2024 dated 12.06.2025 issued by the 5th Respondent. lA NO: 2 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 suspend the impugned eviction notice vide Rc.Dt./53/2024 dated 13.06.2025 under Section 9 of the Andhra Pradesh Land Encroachment (Extension and Amendment) Act, 1958 and the Andhra Pradesh Land Encroachment Act, 1905, issued by the 5th Respondent. 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 direct the Respondents to grant the assignment patta in favour of the Petitioner in respect of remaining extent of Ac. 2.81 cents, as per the list of eligible beneficiaries and was allotted Ac. 4.81 cents in Survey Nos. 1326/1 (3.62 cents) and 1325/5 (1.19 cents) in Podili Village, Podili Mandal, Kanigiri Revenue Division, Prakasam District, forthwith. Counsel for the Petitioner: SRI GAJJALA MALLIKARJUNA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 APHC010311852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY.THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15862/2025 Between: 1.GURRAPUSALA YEDUKONDALU GURRAPUSALAVENKATESWARLU, AGE.43 YEARS, R/0. 5-79-1 OBULETIVARI STREET PODILI, PODILI, PRAKASAM DISTRICT ANDHRA PRADESH. S/0. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT SECRETARIAT 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ANDHRA PRADESH. 3.THE JOINT COLLECTOR, PRAKSAM DISTRICT, ANDHRA PRADESH. 4.THE REVENUE DIVISIONAL OFFICER, KANIGIRI REVENUE DIVISION, PRAKSAM DISTRICT, ANDHRA PRADESH. 5.THE THASILDAR, PODILI PRAKSAM DISTRICT, ANDHRA PRADESH. KANIGIRI REVENUE DIVISION ...RESPONDENT(S): 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 or order or direction more particularly one in the nature 2 of Writ of Mandamus, declaring the action of the 5th respondent in issuing impugned Proceedings rejecting the representations submitted by the petitioner vide Rc.No.53/2024 dated 12.06.2025 and the consequential impugned eviction notice vide Rc.Dt./53/2024 dated 13.06.2025 under Section 6 of the Andhra Pradesh Land Encroachment (Extension and Amendment) Act, 1958 and the Andhra Pradesh Land Encroachment Act, 1905 as illegal, arbitrary, amounts to non performance of statutory duties, and is a grave violation of the fundamental rights guaranteed to the Petitioner under Articles 14, 19, and 21 of the Constitution of India and setaside the same, consequently to direct the Respondents to regularize and assign pattain favour of the Petitioner in respect of an extent of Ac.2.81 cents, as per the list of eligible beneficiaries and though an extent of Ac.4.81 cents was allotted, only Ac. 2.00 cents has been granted till date in Survey Nos. 1326/1 (3.62 cents) and 1325/5 (1.19 cents) in Podili Village, Podili Mandal, Kanigiri Revenue Division, Prakasam District, forthwith and/or and/or pass 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 pleased to suspend the impugned Proceedings vide Rc.Dt./53/2024 dated 12.06.2025 issued by the 5th Respondent, and pass lA NO: 2 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 pleased to suspend the impugned eviction notice vide Rc.Dt./53/2024 dated 13.06.2025 under Section 9 of the Andhra Pradesh Land Encroachment (Extension and Amendment) Act, 1958 and the Andhra Pradesh Land Encroachment Act, 1905, issued by the 5th Respondent, and pass 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 pleased to direct the Respondents to grant the assignment patta in favour of the Petitioner in respect of remaining extent of Ac. 2.81 cents, as per the list of eligible beneficiaries and was allotted Ac. 4.81 cents in Survey Nos. 1326/1 (3.62 cents) and 1325/5 (1.19 cents) in Podili Village, Podili Mandal, Kanigiri Revenue Division, Prakasam District, forthwith and/or and/or pass Counsel for the Petitioner: 3 1 .GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15862/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “..to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in issuing impugned Proceedings rejecting the representations submitted by the petitioner vide Rc.No.53/2024 dated 12.06.2025 and the conseguential impugned eviction notice vide Rc.Dt /53/2024 dated 13.06.2025 under Section 6 of the Andhra Pradesh Land Encroachment Extension and Amendment Act, 1958 and the Andhra Pradesh Land Encroachment Act, 1905 as illegal, arbitrary amounts to non performance of statutory duties and is a grave violation of the fundamental rights guaranteed to the Petitioner under Articles 14 19 and 21 of the Constitution of India and set aside the same conseguently to direct the Respondents to regularize and assign patta In favour of the Petitioner In respect of an extent of Ac. 2.81 cents as per the list of eligible beneficiaries and though an extent of Ac.4.81 cents was allotted only Ac.2.00 cents has been granted till date in Survey Nos. 1326/1, 3.62 cents and 1325/5 1.19 cents in Podili Village, Podlli Mandal, Kanigirl Revenue Division Prakasam District forthwith and/or and/or pass.” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the permanent resident of Podili Mandal, Prakasam District and the land to an extent of Ac.8.02 cents in Sy.No.1177/1 was in peaceful possession and enjoyment of the family members of the petitioner for more than 30 years. The name of the mother of the petitioner was duly included in the list of eligible beneficiaries and was allotted Ac.4.81 cents in Sy.Nos. 1326/1 (3.62 1325/5(1.19 cents) in Podili Village, Polidi Mandal Division, Prakasam District cents) and Kanigiri Revenue as per the eligible list prepared by the revenue authorities. After death of the mother of the petitioner, the petitioner made multiple representations grant of assignment patta in his name for the full cents in Podili Village, Podili Prakasam District. But requesting mutation and for extent of Ac.4.81 Mandal, Kanigiri Revenue Division, the respondents did not consider the same. Thereafter, to the utter shock of the petitioner, the 5' respondent has under Act, 1905 within a period of of receipt of the notice. Aggrieved by issued the iimpugned eviction notice. dated 13.06.2025 Pradesh Land Encroachment Section 6 of the Andhra directing the petitioner seven (7) days from the date ‘ the same, the present Writ Petition to vacate the subject land is filed. 4. On the other hand, learned appearing for the instructions issued by the b'*" it is stated as follows; Assistant Government Pleader respondents has furnished respondent dated 30.06.2025 for revenue written wherein ... Though the petitioner was assigned Ac. 2.00 cents subject to his eiigibiiity, he has encroached another cents in extent of Government Sy. No. 1326-1 tend of Ac.2.93 and 1326-2. Therefore, the notices have been issued on dated 13.06.202S to evict him under due process of law.. 6 Relying on the said instructions, learned Assistant 5. Government Pleader for Revenue submits that the petitioner has encroached the land to an extent of Ac.2.93 cents in Sy.Nos.1326-1 and 1326-2. Hence, the eviction notice, dated 13.06.2025 was issued by the 5“^ respondent directing the petitioner to evict from the said land. He further submits that if the petitioner submits explanation to the eviction notice, dated 13.06.2025, the same will be considered by the respondents and appropriate orders will be passed. Considering the submissions of learned counsel for the 6. petitioner and the learned Assistant Government Pleader for Revenue, the petitioner is directed to submit explanation to the Eviction notice, dated 13.06.2025 issued by the 5^*^ respondent under Section 6 of the Andhra Pradesh Land Encroachment (Extension and Amendment) Act 1958 and Andhra Pradesh Land Encroachment Act, 1905 Act within a period of two (02) weeks from the date of receipt of a copy of this order. On receipt of the said explanation, the 5*^ respondent is directed to consider the same and pass appropriate orders in accordance with law. Till then, the respondents are directed to maintain status-quo as on today in respect of the subject property. With the above directions, the Writ Petition is disposed of. 7. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFi ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department Amaravathi, Guntur District 2. The District Collector, Prakasam District, 3. The Joint Collector. Praksam District, Andhra Pradesh. 4. The Revenue Divisional officer. District, Andhra Pradesh. 5. The Thasildar, Podili, Andhra Pradesh. 6. One CC to Sri Gajjala Mallikarjuna Reddy Advocate 7. Two CCS to GP for Revenue, 8. Two CD Copies , Secretariat, Velagapudi, Andhra Pradesh. Kanigiri Revenue Division, Praksam Kanigiri Revenue Division, Praksam District, [OPUC] High Court of Andhra Pradesh [OUT] TF HIGH COURT DATED:01/07/2025 ORDER WP NO. 15862 OF 2025 ^ 2 8 JUL 2025 j|] X Sectiopx>^ DISPOSING OF THE W.P., WITHOUT COSTS