APHC010372092025 IN THE HIGH COURT OF ANDHRA PRADESI AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JUL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SAT/TI WRIT PETITION NO: 19531 OF 2025 Between: Mylari Ramanaiah, S/o Late Pitchaiah, aged about 54 years, occ: Agriculture, r/o Mutyalagunta Sarvepalli Bit-2, Venkatachalam Mandal, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Venkatachalam Mandal, SPSR Nellore 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No.3 in passing orders on the appeal petition filed by the petitioner on 2-7-2025 against the Notice dt. 13-06-2025 bearing Rc.No.292/2025issued by the 4*^^ respondent, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 3'^'^ respondent herein. lA NO: 1 OF 2025 f Petition under Section 1^ 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 including dispossession of the petitioner from the land Sy.No. 2508-46-1 & 6 admeasuring A.0.65 cents situated at Mandal, SPSR Nellore District, Sarvepalli Bit-ll village, Venkatachalam pursuant to the Notice dt. 13.6.2025 bearing Rc.No. 292/2025 issued by the 4^^ respondent, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI G. VENKATESWARLU Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following order: APHC010372092025 IN THE HIGH COURT OF ANDHRa PRADESH AT AMARAVATI (Special Original Jurisdiction) ,4' [3331] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19531/20^ Between; 1.MYLARI RAMANAIAH, S/0 LATE PITCHAIAH, AGED ABOUT YEARS, OCC AGRICULTURE, R/0 MUTYALAGUNTA SARVEPALLI BIT-2, VENKATACHALAM MANDAL, SPSR NElLORE DISTRICT. 54 ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY secretariat. REVENUE DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. VELAGAPUDI, 2.THE DISTRICT COLLECTOR, SPSR NELLORE NELLORE. 3.THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, VENKATACHALAM MANDAL, DISTRICT. DISTRICT, SPSR NELLORE ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No.3 in passing orders on the appeal petition filed by the petitioner on 2- 7- 2025 against the Notice dt. 13-06-2025 bearing Rc.No. 292/2025 issued by 2 the 4th respondent, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the 3rd respondent herein to 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 grant stay of all further proceedings including dispossession of the petitioner from the land Sy.No. 2508-46-1 & 6 admeasuring A. 0.65 cents situated at Sarvepalli Bit-ll village, Venkatachalam pursuant to the Notice dt. 13.6.2025 bearing Rc.No. 292/2025 issued by the 4th respondent, pending disposal of the main Writ Petition, in the interest of justice and to pass Counsel for the Petitioner: 1.G VENKATESWARLU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the petitioner and Sri B V Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 4. A notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short “the Act’) vide Rc.B.292/2025, dated 25.03.2025 (Ex.P3) was issued to the petitioner by the 4^*^ respondent-Tahsildar pointing out that the petitioner encroached an extent of Ac.0-06 cents out of Ac. 1-60 cents (Government land) in Sy.No.2508-46 of Sarvepali Bit-2. Learned counsel for the petitioner would submit that the petitioner submitted an explanation; however, the copy is not available. A notice under Section 6 of the Act was passed by the 4'^ respondent-Tahsildar vide Rc.No.292/2025 dated 13.06.2025. Thereafter, the petitioner made a representation to the 3'"^ respondent dated 28.06.2025 (Ex.P.2) requesting the authority to issue a Pattadar Pass Book and Title Deed. The petitioner made another representation dated 02.07.2025 (Ex.P.1) to set aside the order dated Mandal, SPSR Nellore District, 2. 3. 3 passed by the 4'"^ respondent. Learned 6 of the Act is made 13 06.2025 under Section 6 of the Act counsel would submit that the order under Section considering the petitioner’s explanation. without The learned Assistant Government Pleader would fairly submit that the order passed under Section 6 of the Act (Ex.P.4) doesn't scrutiny. A cyclostyle order was passed. He further subm.ts respondent will pass a fresh, reasoned order. 4. consideration of the assigned. An order p.4 would reveal neither A perusal of submitted by the petitioner nor were reasons 5. explanation passed under Section 6 of the Act should contain reasons. dated 06.05.2022, while reiterating Government of 6 of the Act on the This Court in W.P.No.13839 of 2022 in Kadiyala Sudershan and others vs aside the order under Section ' 6. the observations in Andhra Pradesh\ set ground that the order does not contain any reasons. Court of Andhra Pradesh learned single judge of the composite High in Kadiyala Sudershan case (referred supra), held thus: 7. A is of the opinion that the notice of the Act, which is akin to a scheme of the Act, this Court is “From the of eviction prescribed under Section 6 reasoned order comparable to a needs to be supported by a , Section 7 of the would be rendered nugatory or decree judgment. Otherwise show-cause notice Act providing for issuance of a reduced to an empty formality.' at hand, the order impugned doesn't indicate consideration In the case of explanation or reasons. 8. the order dated of the case, is remitted to the 4^^" respondent. the facts and circumstances 9. Given 13.06.2025 (Ex.P.4) is set aside. The matter is is at liberty to submit an explanation afresh within one (1) week The petitioner is ^ 2013 (5) ALD 212 4 from today. Upon receipt of an explanation from the petitioner, the 4 respondent shall conduct an inquiry, if necessary, by providing an opportunity of hearing to the petitioner and shall pass a reasoned order. The 4‘^ respondent shall complete the exercise as expeditiously as possible, preferably within one (1) month from the date of receipt of a copy of this order. In case an order is passed by the 4*'' respondent under Sec 6 of the Act petitioner has a right of appeal under Section 10 of the Act. The 4^^ respondent shall not take any coercive steps till the expiry of the time granted for filing an appeal. 10. Accordingly, the Writ Petition is allowed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTER th the i //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District^ 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Venkatachalam Mandal, SPSR Nellore District^ 5. One CC to Sri G. Venkateswarlu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb HIGH COURT DATE 0:30/07/2025 ORDER WP No. 19531 OF 2025 ^ 0 ii SEP 2025 CO «2.\ SsQimnt SectioiiXT^ ALLOWING THE W.P. WITHOUT COSTS