^ APHC010339912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17366 OF 2025 Between: Duggempudi Kotamma, SDW/o Malla Reddy, Aged about 60 OccCultivation, Prakasam District. years R/o Obulakkapalle Village, Peddaraveedu Mandal, ...Petitioner AND 1. The State Of Andhra Pradesh, Rep.by its Principal Secretary to Revenue Department, Secretariat Government, Velagapudi, 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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2 respondent in taking steps to demolish the petitioners Nursery situated in an extent of Ac. 1.00 cents in Survey No.43-2 (LP No196) situated in Peddaraveedu Mandal, Prakasam District, without passing speaking order under Section 6 of A.P. Land Obulakkapalle Village, respondent pursuant to the Encroachment Act, 1905 by the 2 Undated Notice issued under Section nd nd 7 of A.P. Land Encroachment Act, 1905 and despite the petitioner submitted her explanation dt. 16.06.2025, as illegal, irregular, irrational, violative of 14, 21 and 300-A of consequently direct the 2nd respondent not to interfere with petitioners peaceful possession and enjoyment of above said land. principles of natural justice and offends Articles Constitution of India and lA NO: 1 OF 70?.*; Petition under Section 151 CPC praying that in the circumstances stated the High Court may be pleased to direct the 2" respondent not to dispossess the petitioner from her Nursery situated in an extent of Ac. 1.00 cents in Survey No.43-2 (LP No: 196) Mandal, Prakasam District, in the affidavit filed in support of the petition situated in Obulakkapalle Village, Peddaraveedu pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent Nos.1 & 2: The Court made the following order: GP FOR REVENUE APHC010339912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17366/2025 Between: 1.DUGGEMPUD1 KOTAMMA, SDW/0 MALLA REDDY, AGED ABOUT 60 YEARS, OCCCULTIVATION, R/0 OBULAKKAPALLE VILLAGE, PEDDARAVEEDU MANUAL, PRAKASAM DISTRICT. ...PETITIONER AND PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, 1.THE STATE OF AP, REP.BY ITS GOVERNMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.TAHSILDAR, PEDDARAVEEDU MANUAL, PRAKASAM DISTRI ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2 respondent in taking steps to demolish the petitioners Nursery situated in an extent of Ac. 1.00 cents in Survey No.43-2 (LP No196) situated in Obulakkapalle Village, Peddaraveedu Mandal, Prakasam District, without passing speaking order respondent pursuant to the nd nd under Section 6 of A.P. Land Encroachment Act, 1905 by the 2 Undated Notice issued under Section 7 of A.P. Land Encroachment Act, 1905 and despite the petitioner submitted her 16.06.2025, as illegal, irregular, irrational, violative of natural justice and offends Articles 14, 21 and 300-A of explanation dt. principles of Constitution of India and consequently direct the 2nd respondent not to i 2 interfere with petitioners peaceful possession and enjoyment of above said land and 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 to direct the 2ndrespondent not to dispossess the petitioner from her Nursery situated in an extent of Ac. 1.00 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 Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner and Sri Divya Theja, learned Assistant Government Pleader for the respondents 1 and 2. Learned counsel for the petitioner would submit that a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short “the Act”) was issued to the petitioner alleging that the petitioner encroached an extent of Ac.1-00 cents in Sy.No.43-2 (LP No.196) of Obulakkapalle Village, Peddaraveedu Mandal, Prakasam District. The petitioner submitted an explanation dated 16.06.2025 (Ex.P.3). Learned counsel would further submit that without passing an order under Section 6 of the Act, the 2^^ respondent is trying to dispossess the petitioner from the subject property. 2. Learned Assistant Government Pleader for Revenue would submit that the Tahsildar will pass an appropriate order under Section 6 of the Act, in pursuance of the notice under Section 7 of the Act. Till an order is passed, the 2'^^ respondent will not interfere with the petitioner’s property. The oral instructions are made part of the record. 3. 3 , the Writ Petition is Given the facts and circumstances of the case disposed of at the admission stage either side directing the 2"“ respondent not to interfere with the petitioner's property of Ac.1-00 cents in Sy.No.43-2 (LP No.196) of Obulakkapalle Vrllage, Peddaraveedu Mandal, Prakasam District, without following due process. There shall be no order as to costs. As a sequel, pending 4. with the consent of learned counsel on shalf stand closed. miscellaneous petitions, if any Sd/-G.HELANAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Revenue Department, 1. The Principal Secretary to Government, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Tahsildar, Peddaraveedu Mandal, Prakasam Distri 3. One CC to Sri. Srinivas Ambati, Advocate [OPUC] GP For Revenue, High Court of Andhra Pradesh [OUT] 4. Two CCs to 5. Two CD Copies. AL HIGH COURT DATED: 14/07/2025 ORDER WP NO. 17366 OF 2025 sT " SEP 2025 \jr<un;entSectigii^^ DISPOSING OF THE W.P ADMISSION WITHOUT COSTS . AT THE STAGE OF