APHC010356162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18192/2025 Between: 1. MACHINE HARINAD, AGED ABOUT 54 YEARS , S/O, CHINNA RAMAIAH, R/O. 7-23, MALLEMPALLE, NAGIRIPADU, CHITVEL MANDAL, ANNAMAYA DISTRICT-516110 2. KATTA LAKSHMINARAYANA,, AGED ABOUT 55 YEARS, S/O. CHINNA VENKATAIAH R/O. KATTAVARIPALLE, PENAGALUR, PENAGALUR MANDAL, ANNAMAYA DISTRICT-516128 3. POLINA PADMAVATI,, AGED ABOUT 59 YEARS , W/O. RAMAIAH. R/O.PEDDARAMPADU VILLAGE, OBULAVARIPALLE MANDAL, ANNAMAYYA DISTRICT. 4. KATTA SAROJNAMMA,, W/O. VENKATAIAH, AGED ABOUT 63 YEARS, R/O. KATTAVARIPALLE, ITIMARPURAM, PENAGALUR MANDAL, ANNAMAYA DISTRICT-516128. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT SUBCOLLECTOR, ANNAMAYYA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, RAJAMPET REVENUE DIVISION, RAJAMPET, ANNAMAYYA DISTRICT. 4. THE TAHSILDAR, OBULAVARIPALE MANDAL, ANNAMAYA 2 DISTRICT. 5. KUNI TIRUPATI, AGED ABOUT 49 YEARS, S/O. NAGAIAH CHINNAMPALLI VILLAGE, OBULAVARIPALLE MANDAL, ANNAMAYA DISTRICT 6. PANYAM SUBBARAYUDU, , AGED ABOUT 50 YEARS, S/O. SUBBAIAH CHINNAMPALLI VILLAGE, OBULAVARIPALLE MANDAL, ANNAMAYA DISTRICT 7. GONTU NARASAMMA, AGED ABOUT 59 YEARS, W/O. KRISHNAIAH CHINNAMPALLI VILLAGE, OBULAVARIPALLE MANDAL, ANNAMAYA DISTRICT 8. GONTU PARVATHAMMA, AGED ABOUT 55 YEARS, W/O. KRISHNAIAH CHINNAMPALLI VILLAGE, OBULAVARIPALLE MANDAL, ANNAMAYA DISTRICT 9. GONTU CHINNAKKA, AGED ABOUT 57 YEARS, W/O. SUBBAIAH CHINNAMPALLI VILLAGE, OBULAVARIPALLE MANDAL, ANNAMAYA DISTRICT 10. SAMMETA ANANDHA GAJAPATHIRAJU, AGED ABOUT 35 YEARS, S/O. RAMANJANEYA RAJU CHINNAMPALLI VILLAGE, OBULAVARIPALLE MANDAL, ANNAMAYA 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 more particularly one in the nature of writ of Mandamus declaring the action of the respondents authorities in interfering with the possession of the petitioners from our land ad-measuring (1) Acres 4.50 cents in Sy.No. 2202/12, (2) Acres 4.30 cents in Sy.No. 2202/7, (3) Acres 4.80 cents in Sy.No. 2202/6, (4) Acres 4.85 cents in Sy.No. 2202/8 respectively in Peddarampadu Village, Obulavaripalle Mandal, Annamayya District without concluding the enquiry pending before the official respondents and issuance of notice and following the procedure contemplated under the Right to Fair Compensation and Transparency Act, 2013 as being contrary to law, illegal, arbitrary and against Article 300-A of the Constitution and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners in respect of the above mentioned lands without concluding the enquiry and following due process of law and pass 3 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 direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners’ land ad-measuring (1) Acres 4.50 cents in Sy.No.2202/12 , (2) Acres 4.30 cents in Sy.No.2202/7 , (3) Acres 4.80 cents in Sy.No.2202/6 , (4) Acres 4.85 cents in Sy.No.2202/8 respectfully in Peddarampadu Village, Obulavaripalle Mandal, Annamayya District without concluding the enquiry and without following due process of law pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. TIRUMALA VIDYA CHARAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Ms K.Soundarya, learned counsel for the petitioners and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. The notice in respect of the respondents 5 to 10 is dispensed with since no adverse order is passed affecting the right or interest of respondents 5 to 10. 3. The 4th respondent issued notice under Section 7 of the Land Encroachment Act, 1905 vide Ref.No.73/2025 dated 28.04.2025 (Ex.P4) to the petitioners. The petitioners submitted an explanation on 12.05.2025 (Ex.P5). 4. Learned counsel for the petitioners would submit that the 4th respondent has not passed any order so far, however, trying to dispossess the petitioners of an extent of Ac.4.50 cents in Sy.No.2202/12, Ac.4.30 cents in Sy.No.2202/7, Ac.4.80 cents in Sy.No.2202/6 and Ac.4.85 cents in 4 Sy.No.2202/8 of Peddarampadu Village, Obulavaripalle Mandal, Annamayya District. 5. Learned Assistant Government Pleader for Revenue, on instructions, would submit that the 4th respondent will pass an appropriate order under Section 6 of the Land Encroachment Act, 1905, if necessary, by providing an opportunity of hearing to the petitioners. 6. Given the facts and circumstances, the writ petition is disposed of, at the admission stage, with the consent of both the learned counsel, directing the learned 4th respondent to pass appropriate order under Section 6 of the Land Encroachment Act, 1905, as expeditiously as possible, if necessary, by providing an opportunity of hearing to the petitioners. Till an order is passed under Section 6 of the Land Encroachment Act, the 4th respondent shall not interfere with the petitioners’ possession of the property to an extent of Ac.4.50 cents in Sy.No.2202/12, Ac.4.30 cents in Sy.No.2202/7, Ac.4.80 cents in Sy.No.2202/6 and Ac.4.85 cents in Sy.No.2202/8 of Peddarampadu Village, Obulavaripalle Mandal, Annamayya District. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 21.07.2025 SNI 5 307 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18192/2025 Date: 21.07.2025 SNI