IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY i TWO THOUSAND AND TWENTY FIVE I PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRAS WRIT PETITION NO: 140 OF 2025 Between: Karri Satyanarayanamurthi, S/o. Satyanarayana, Aged 55 years, Occ Cultivation, R/o. D.No.24-2-1, Krishna Bazar, Narsipatnam Municipality and Mandal, Anakapalli District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary - to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Anakapalli District at Anakapalli. 3. The Revenue Divisional Officer, Narsipatnam Revenue Division, Anakapalli District. 4. The Tahsidlar, Narsipatnam Mandal Anakapalli 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 eviction Notice in Rc.No.992/2024/SA, dt.31.12.2024 issued under Section 7 of Andhra Pradesh Encroachment Act-Ill th 1905 issued by the 4 connected to petitioners RCC Building property having Assessment No.1136001057, Ward/Block No.4, admeasuring 73.50 Sq.yards cents out of 146 Sq.Yards situated at within the limits of Narsipatnam Municipal Area, Baloghattam Revenue village Narsipatnam Mandal of Anakapalli District, thereby insisting him to vacate from such house property respondent without 4 .considering petitioners Reply/Objections dated 02.01.2025, as illegal, irregular, arbitrarily, violative of principles of natural justice, without jurisdiction and violative of the provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners possession and enjoyment over his said residential building property. 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 suspend the operation of eviction Notice in Rc.No.992/2024/SA, dt.31.12.2024 issued by the 4‘^ respondent under Section 7 of Andhra Pradesh Encroachment Act-Ill, 1905 and consequently direct the respondents not to interfere with petitioners RCC Building property having Assessment No. 1136001057, Ward/Block No.4, admeasuring 73.50 Sq.yards cents out of 146 Sq.Yards situated at within the limits of Narsipatnam Municipal area, Baloghattam Revenue village in Narsipatnam Mandal of Anakapalli District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI NANI BABU ROBBA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: .V APHC010004202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY. THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 140/2025 Between: Karri Satyanarayanamurthi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.NANI BABU ROBBA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORAL ORDER: Heard Sri Nani Babu Robba, learned Counsel for the Writ Petitioner and Sri K.Arjun Chowdary, learned Assistant Government Pleader for Revenue. The prayer sought in this Writ Petition is as under; 2. “I, therefore, humbly pray that this Hon'ble Court may be pleased to a writ, order or direction more particularly one in the nature of WRIT OF Rc.No.992/2024/SA, issue MANDAMUS declaring the eviction Notice in dt.31.12.2024 issued under Section 7 of Andhra Pradesh Encroachment Act- Ill, 1905 issued by the 4th respondent connected to my RCC Building property having Assessment No.1136001057, Ward/Block No.4, admeasuring 73.50 Sq. Yards cents out of 146 Sq. Yards situated at within the limits of Narsipatnam Municipal Area, Baloghattam Revenue village in Narsipatnam Mandal of Anakapalli District, thereby insisting me to vacate from such house property, without considering my Reply/Objections dated 02.01.2025, as illegal, irregular, arbitrarily, violative of principles of natural justice, without jurisdiction and violative of the provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends articles 14,21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with my possession and enjoyment over my said residential building property and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstance of the case. ” Having regard to the facts of the case, this Court, vide Order dated 06.01.2025 had directed the Official Respondents to conduct survey for ascertaining whether the subject property of the Writ Petitioner is situated in Sy.No.117 of Balighattam Villge, Narsipatnam mandal. Further a direction was given to the Official Respondents to conduct Survey in the presence of the 3. Writ Petitioner on 08.01.2025 at 10.30 A.M with a further direction to the Writ Petitioner to be present during the Survey. 4. In compliance of this Court Order dated 06.01.2025, the Official Respondents have conducted Survey and have submitted a Report. The said Report, which was submitted by the Tahsildar on 18.01.2025, would indicate i that the Mandal Surveyor has measured the boundaries of Sy.Nos.115 and 117 and found that the Writ Petitioner herein has extended their construction in Sy.No.117 which is a Government land classified as Rastha. It is submitted that the Rastha is encroached by the Writ Petitioner by constructing a building. The report would also indicate that the Writ Petitioner has encroached about 48 Sq.Yds (Ac.0.01 cents) and another person Smt.Setti Satyavathi W/o Late Mathinaidu has encroached about 121 Sq.Yds (Ac.0.25 cents) in the same Survey number i.e., Sy.No.117 which is classified as Rastha. 5. Having regard to the facts and circumstances of this case, this Court deems it appropriate to close this Writ Petition in view of the fact that a Survey was conducted on the directions of this Court by the Official Respondents and in presence of the Writ Petitioner herein; and, that the Official Respondents have identified that the Writ Petitioner has encroached into Sy.No.117 to an extent of 48 Sq.Yds. This Court is of the opinion that no further direction is necessary in this case. Accordingly, respondent(s) is/are at liberty to initiate proceedings by following due process of law for recovery of the encroached / land. 6. With these observations and directions, the Writ Petition No order as to costs. stands closed. 7. Interlocutory Applications, if any, stand close- in terms of this order. SD/. K SRINIVASA RAJU assistant registrar 'Section officer 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Anakapalli District at Anakapalli. 3. The Revenue Divisional Officer, Narsipatnam Revenue Division, Anakapalli District. 4. The Tahsidlar, Narsipatnam Mandal Anakapalli District. 5. One CC to Sri Nani Babu Robba, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies //TRUE COPY// To, RAM *• COURT ■MW:'" m- DATED:11/02/2025 ORDER WP.No.140 of 2025 DISPOSING OF THE WP WITHOUT COSTS