APHC010335532025 IN THE HIGH COURT OF ANDHRA PRADESH^Df® AT AMARAVATI (Special Original Jurisdiction) /O 0:? fo WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17039 OF 2025 * Between: Duggempudi Veera Reddy, S/o Chinna Basi Reddy, Aged about 60 Occ: Cultivation, R/o Obulakkapalle Village, Peddaraveedu Mandal, Prakasam District. years ...Petitioner AND 1. state of Andhra Pradesh, Rep.by its Principal Secretary to Government, Revenue Department, Secretariat, Veiagapudi, Amaravati, Guntur District. 2. Tahsildar, Peddaraveedu Mandal, Prakasam 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 may be pleased to issue a writ, order or direction of WRIT OF MANDAMUS declaring the action of the 2nd more particularly one in the nature respondent in taking steps to demolish the petitioners Restaurant Building situated in an extent of Ac.0.21 cents in Survey No.43-2 (LP No 196) situated in Obulakkapalle Village, Peddaraveedu Mandal, Prakasam District without passing speaking order under Section 6 of A.P. Land Encroachment Act, 1905 by the 2nd respondent pursuant to the Undated Notice issued under Section 7 of A.P. Land Encroachment Act, 1905 and despite the petitioner submitted explanation dt. 16.06.2025 as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution and consequently direct the 2nd respondent not to interfere with peaceful possession and enjoyment of above said land. 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 direct the 2nd respondent not to demolish and dispossess the petitioner from his Restaurant Building situated in an extent of Ac.0.21 cents in Survey No.43- 2 (LP No: 196) situated in Obulakkapalle Village, Peddaraveedu Mandal, Prakasam District, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: his of India petitioner’s to APHC010335532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17039/2025 Between: 1.DUGGEMPUDI VEERA REDDY, S/O CHINNA BASI REDDY, AGED ABOUT 60 YEARS, OCC CULTIVATION, R/O OBULAKKAPALLE VILLAGE, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.TAHSILDAR, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT. ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in taking steps to demolish the petitioners Restaurant Building situated in an extent of Ac.0.21 cents in Survey No.43-2 (LP No 196) situated in Obulakkapalle Village, Peddaraveedu Mandal, Prakasam District, without passing speaking order under Section 6 of A.P. Land Encroachment Act, 1905 by the 2nd respondent pursuant to the Undated Notice issued under Section 7 of A.P. Land Encroachment ct, 1905 and despite the petitioner submitted his explanation dt. 16.06.2025as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India 2 and consequently direct the 2nd respondent not to interfere with peaceful possession and enjoyment of above said land and lA NO: 1 OF 2025 Petition under Section 151 CPC petitioners pass such praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 2nd respondent not to demolish .. and dispossess the petitioner from his Restaurant Building situated in an extent of Ac 0 21 cents in Survey No.43-2 (LP No: 196) situated in Obulakkapalle Village Peddaraveedu Mandal, Prakasam District, pending disposal of the main writ petition and pass such Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17039 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- ‘‘to issue a writ, order or direction more particutariy one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in taking steps to demolish the petitioner’s Restaurant Building situated in an extent of Ac.0.21 cents in Survey No.43-2 (LP No. 196) situated in Obulakkapalle Village, Peddaraveedu Mandal, Prakasam District without passing speaking order under Section 6 of A.P. Land Encroachment Act, 1905 by the 2nd respondent pursuant to the Undated Notice issued under Section 7 of A.P. Land Encroachment Act, 1905 and despite the petitioner submitted his explanation dt. 16.06.2025 as illegal, irregular, irrational, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2nd respondent not to interfere with petitioner’s peaceful possession and enjoyment of above said land and pass such other order. ” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider the explanation dated 16.06.2025 submitted by the petitioner pursuant to the ii undated notice issued under Section 7 of the Andhra Pradesh Land \ Encroachment Act, 1905 (Act 3 of 1905). i Learned Assistant Government Pleader for the respondents submits that the respondents will consider the explanation submitted by the petitioner and pass appropriate orders within a reasonable time. 4. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and on perusal of the material placed record, this Court is of the considered opinion the present Writ Petition can be disposed of directing the respondents to consider and dispose of the explanation dated 16.06.2025 submitted by the petitioner pursuant to the undated notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (Act 3 of 1905), after providing opportunity of hearing to the parties concerned, within a period of stx(6) weeks from the date of receipt of copy of this order. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. There shall be no order as to costs. 5. on As a sequel miscellaneous applications, pending, if any, shall also stand closed. Sd/- M SRiNIVAS ASSISTANT REGISTRAR //TRUE COPY// 5EG !iON vjFs-SCER To, 1. The Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Tahsildar, Peddaraveedu Mandal, Prakasam District. One CC to Sri Srinivas Ambati Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. HIGH COURT i DATED:09/07/2025 ORDER WP NO. 17039 OF 2025 I 11 jui. m ^ . Current Secnon . X:^PATC^* mi' DISPOSING OF THE W.P., WITHOUT COSTS