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2025 DAILYLAW 24563 (AP)

SWAPNA BANSAL v. THE STATE OF ANDHRA PRADESH

WP/17614/2025 · 2025-07-13

Subba Reddy Satti

body2025

Judgment text

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APHC010346852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fi0. MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ^ ;\ ro PRESENT ( HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17614 OF 2025 Between: Smt. Swapna Bansal, D/o. Goram Doke Naik Sugali, aged agbout 27 years, housewife, R/o. Neriniki Thanda Village, Holagunda Mandal, Kurnool District, State of A.P.. Present address R/o.Village 82, Sark Two, Mokila Shankarpalli, Hyderabbad, State of Telangana. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Secretariat Buildings, Velagapudi, Guntur District. 2. The Revenue Divisional Officer, Pattikonda, Kurnool District. 3. The Tahsildar, Alur, Alur Mandal, Kurnool 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 particularly one in the nature of Writ of Mandamus arose against the order of the 3rd respondent and not received by the appellate Authority i.e., the 2nd respondent herein filed by the petitioner U/s.10(1) and (2) of A./P.Land Encroachment Act 1905 dated 03-04-2025 at Pattikonda as an Appellate Authority under the said act for consideration of Appeal. 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 stay of all further proceedings in Rc.B.205/2024 u/s.6 the A.P.Land Encroachment Act-1905 eviction order dated 16-04-2025 in Rc.B.205/2024 issued by the 3rd respondent Tahsildar of Allur, Counsel for the Petitioner: SRI P CHANDRAMOULISWARA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010346852025 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: 17614/2025 Between: 1.SWAPNA BANSAL, D/0. GORAM DOKE NAIK SUGALI AGBOUT 27 YEARS. HOUSEWIFE VILLAGE, HOLAGUNDA MANDAL, KURNOOL DISTRICT, STATE OF A.P.. PRESENT ADDRESS R/O.VILLAGE 82, SARK TWO, MOKILA SHANKARPALLI.HYDERABBAD,STATE OF TELANGANA. AGED R/0. NERINIKI THANDA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS. VELAGAPUDI, GUNTUR DISTRICT. 2.THE REVENUE DIVISIONAL OFFICER, PATTIKONDA, KURNOOL DISTRICT. 3.THE TAHSILDAR, ALUR, ALUR MANDAL. KURNOOL 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 to issue a writ order or direction particularly one in the nature of Writ of Mandamus arose against the order of the 3rd respondent and not received by the appellate Authority i.e., the 2nd respondent herein filed by the petitioner U/s.10(1) and (2) of A./P.Land Encroachment Act 1905 dated 3-4- 2025 at Pattikonda as an Appellate Authority under the said act for consideration of Appeal, and pass 2 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 stay of all further proceedings in Rc.B.205/2024 u/s.6 the A.P.Land Encroachment Act-1905 eviction order dated 16-4-2025 in Rc.B.205/2024 issued by the 3rd respondent Tahsildar of Allur, and pass Counsel for the Petitioner: 1.P CHANDRAMOULISWARA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri Nagarjuna, learned counsel representing Sri P.Chandramouliswara Reddy, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents1 to 3. 2. The grievance of the petitioner is that the respondent, being the appellate authority, is not disposing of the appeal filed under Section 10(1) and (2) of the AP Land Encroachment Act, 1905. 3. Learned counsel for the petitioner would submit that a notice under Section 7 of the AP Land Encroachments Act, 1905 vide Rc.No.B/205/2024, dated 03.04.2025 (Ex.P5), was issued to the petitioner and thereafter an order under Section 6 of the AP Land Encroachment Act, 1905 vide Rc.B.205/2024 dated 16.04.2025 (Ex.P6), was passed. Learned counsel would further submit that the petitioner filed a statutory appeal dated 22.04.2025 (Ex.P1) before the 2^^ respondent. However, the appellate authority has not disposed of the appeal so far. 4. Learned Assistant Government Pleader for Revenue on instructions would submit that the petitioner filed appeal under Section 10(1) r/w Section .1- 3 A(a) of AP Land Encroachment Act, 1905 dated 22.04.2025, against notice under Section 7 of the AP Land Encroachments Act, 1905 even before passing of order under Section 6 of the AP Land Encroachments Act, 1905. Learned Assistant Government Pleader would also submit that the learned 2 respondent will pass appropriate orders. Given the facts and circumstances, without going into merits of the matter, the writ petition is disposed of, at the admission stage, directing the respondent to pass appropriate orders on the appeal dated 22.04.2025 (Ex.P1), filed by the petitioner strictly as per law within four (04) weeks from the date of receipt of copy of the order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. nd 5. nd learned 2 Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// i 1 ? .4 » S N OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat, Secretariat Buildings, Velagapudi, Guntur District. 2. The Revenue Divisional Officer, Pattikonda, Kurnool District. 3. The Tahsildar, Alur,Aiur Mandal, Kurnool District. 4. One CC to Sri P Chandramouliswara Reddy Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF i •St HIGH COURT DATED:14/07/2025 ORDER WP NO. 17614 OF 2025 2^ fe 2 ^ JUL 2025 • m Curreni ijecusn ^ /■ • DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS