APHC010337452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19195/2025 Between: 1. KALAVAKURI MALAKONDAIAH, S/O.PEDDA MALAKONDAIAH, AGED ABOUT 55 YEARS, OCC CULTIVATION, R/O.KONDAMUDUSUPALEM VILLAGE, KANDUKUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, KANDUKUR REVENUE DIVISION, KANDUKUR TOWN AND MANDAL, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, , KANDUKUR MANDAL, SPSR NELLORE DISTRICT. 5. KUNCHALA SRINU, S/O.NARASIMHAM, AGED ABOUT 56 YEARS, R/O.MAHIDARREDDY COLONY, KONDAMUDUSUPALEM VILLAGE, KANDUKUR MANDAL, SPSR NELLORE 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 2 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in issuing notice dated 08.05.2025 without passing any speaking order on the petitioners explanation dated 06.03.2025 to the notice dated 04.03.2025 in Rc.No.DT/75/2025, as illegal, irregular, irrational, without jurisdiction, under and offends Articles 14 and 21 of Constitution of India and consequently to set aside the present impugned notice dated 08.05.2025 issued by the 4th respondent and direct the 4th respondent to pass appropriate orders on the petitioner explanation dated 06.03.2025 to the notice dated 04.03.2025 and pass such IA 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 grant stay of all further proceedings in Notice dated 08.05.2025 in Rc. No. DT/15/2025 issued by the 4th respondent, pending disposal of the main writ petition and pass such Counsel for the Petitioner: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner, Sri Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4 and Sri Sai Gangadhar Chamarti, learned counsel for the 5th respondent. 2. Assailing the notice issued by the 4th respondent vide Roc.No.DT/15/2025, dated 08.05.2025 (Ex.P.1), the above writ petition has been filed. 3. Learned counsel for the petitioner would submit that the 4th respondent issued D-form patta to the petitioner for construction of residential house vide Rc.A/15/2018 dated 05.12.2018 for an extent of Ac.0-2 ½ cents in Plot No.31 in Sy.No.100/C of Kondamudusuplame Revenue Village of Kandukur Mandal, 3 SPSR Nellore District. Learned counsel would further submit that the petitioner made a representation dated 17.02.2025 to the 4th respondent about the encroachment made by the 5th respondent. The 4th respondent issued notice vide Roc.No.DT/75/2025, dated 04.03.2025 (Ex.P.2). The petitioner submitted an explanation dated 06.03.2025. Without adjudicating the issue of encroachment, the 4th respondent issued notice Ex.P.1 dated 08.05.2025. The petitioner submitted an explanation dated 17.05.2025. Learned counsel for the petitioner would further submit that the 4th respondent has not considered the grievance of the petitioner regarding encroachment made by the 5th respondent. 4. Learned Assistant Government Pleader for Revenue, on instructions of the 4th respondent-Tahsildar, Kandukuru Mandal, would submit that in pursuance of Ex.P.1 notice dated 08.05.2025, the petitioner submitted an explanation vide Ex.P.2. The 4th respondent, after inquiry, submitted a report to the 3rd respondent-Revenue Divisional Officer vide Rc.No.A.15/2025, dated 02.06.2025. The 2nd respondent- District Collector will pass appropriate orders. 5. Given the facts and circumstances of the case, without going into disputed questions of facts, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side directing, the learned 2nd respondent to consider the report submitted by the Tahsildar vide Rc.No.A.15/2025, dated 02.06.2025 and pass appropriate orders strictly as per law, as expeditiously as possible, if necessary by giving an opportunity of hearing to the petitioner. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.07.2025 KA 4 388 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19195/2025 Date: 25.07.2025 KA 5