APHC010375872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY. THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1895R OF o tn Between; 1. Magunta Vijith Kumar Reddy, S/o. Madhusudhan Reddy Aged years, R/o. D.No.4-13-1, Satram street. Near sivalayam. Gudur, Nellore, Andhra Pradesh- 5241010. 2. Nellore Kodanda Rami Reddy, S/o. Nellore Venkata about 55 East Gudur, ramana reddy. Aged about 74 years, R/o. 2nd floor, Ananda Nilayam, Lecturers besides Veda vyasa English medium school, Dargamitta, SPSR Nellore District, Andhra Pradesh- 524003. 3. Battula Hari Prasad Reddy, S/o. Battula Sundararami colony. Magunta layout, Nellore, Reddy, Aged about 67 Years, R/o. D.No.23-1317, Flat No.302, Sal BaJaji Castle, 2nd line, Tekkemitta, Nellore, SPSR Nellore District, Andhra Pradesh- 524003. 4. Veguru Amarnath Reddy, S/o. Vaguru Venkata about 46 years, R/o. D.No.C-1-26, 1 Balireddipalem, Nellore, SPSR Nellore 524415. subba reddy. Aged Balireddipalem, Pulikorru @ - District, Andhra Pradesh- ...Petitioners AND 1. State of Andhra Pradesh, Velagapudi, Secretary. Revenue Department, Secretariat, Rep. by its Principal Amaravathi, Guntur District 2. The District Coliector, SPSR Neiiore District. 3. The revenue divisional officer, District. 4. The Thasildhar, Molakaiapundia Village Nellore District. 5. The Village Revenue officer, Mandal, SPSR Nellore District. 6. The Mandal Revenue Inspector, Mandal SPSR Nellore District. Sydapuram Mandal SPSR Nellore Sydapuram Mandal, SPSR Molakaiapundia Village, Sydapuram Molakaiapundia Village, Sydapuram ...Respondents Petition under Articie 226 of the Constitution Circumstances stated i of India praying that in the in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing notice under section 6 of AP land encroachment Act, 1905 vide proceedings and directing the petitioners to vacate the subject lands admeasuring an extent of Ac.2.00 cents each to an extent of Ac.8.00 cents situated Rc.B.470/2025, dt. 17.07.2025 respectively total in Sy.No.793 of Molakapundia village. sydapuram Mandal, SPSR Nellore District as illegal, arbitrary, in violation of principles of natural justice and In violation of Art.21 and 300-A of constitution Of India and in contrary to the and rules thereunder and provisions of AP land encroachment Act, 1905 consequently set aside the notice issued by the 4 respondent vide proceedings Rc,B.470/2025, dt. 17.07.2025 and direct the respondents not to interfere with the petitioners subject land. lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i direct the praying that in the circumstances stated in support of the petition, the High Court may be pleased to respondents not to interfere with petitioners subject land cents each respectively total to an extent of in Sy.No.793 of Molakapundia village, Sydapuram admeasuring an extent of Ac.2.00 Ac.8.00 cents situated i e Mandal, SPSR Nellore District by suspending the notice issued by the respondent vide proceedings Rc.B.470/2025, dt. 17.07.2025 pending disposal of the writ petition. Counsel for the Petitioners: SRI PERAM JAGGAREDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 4th <8^ APHC010375872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18958/2025 Between: 1.MAGUNTA VIJITH KUMAR REDDY, S/0. MADHUSUDHAN REDDY AGED ABOUT 55 YEARS, R/0. D.NO.4-13-1, SATRAM STREET. NEAR SIVALAYAM. EAST GUDUR, GUDUR, NELLORE, ANDHRA PRADESH-5241010. 2.NELLORE KODANDA RAMI REDDY,, S/0. NELLORE VENKATA RAMANA REDDY. AGED ABOUT 74 YEARS, R/0. 2ND FLOOR, ANANDA NILAYAM, LECTURERS COLONY, BESIDES VEDA VYASA ENGLISH MEDIUM SCHOOL DARGAMITTA, SPSR NELLORE DISTRICT, ANDHRA PRADESH- 524003. MAGUNTA LAYOUT, NELLORE, 3.BATTULA HARI PRASAD REDDY,, S/0. BATTULA SUNDARARAMI REDDY, AGED ABOUT 67 YEARS, R/0. D.NO.23-1317, FLAT NO.302, SAI BALAJI CASTLE, 2ND LINE, TEKKEMITTA, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH-524003. 4.VEGURU AMARNATH REDDY,, S/0. VAGURU VENKATA SUBBA AGED ABOUT 46 YEARS, REDDY. R/0. D.NO.C-1-26, BALIREDDIPALEM, PULIKORRU @ BALIREDDIPALEM, NELLORE, SPSR NELLORE DISTRICT, ANDHRA PRADESH- 524415. ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT REP. BY ITS PRINCIPAL SECRETARY. 2 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, SYDAPURAM MANDAL, SPSR NELLORE DISTRICT. 4.THE THASILDHAR, MOLAKALAPUNDIA VILLAGE, SYDAPURAM MANDAL, SPSR NELLORE DISTRICT. 5.THE VILLAGE REVENUE OFFICER, MOLAKALAPUNDIA VILLAGE SYDAPURAM MANDAL, SPSR NELLORE DISTRICT. 6.THE MANDAL REVENUE INSPECTOR, MOLAKALAPUNDIA VILLAGE, SYDAPURAM MANDAL SPSR NELLORE 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing notice under section 6 of AP land encroachment Act, 1905 vide proceedings Rc.B.470/2025, dt. 17.07.2025 and directing the petitioners to vacate the subject lands admeasuring an extent of Ac.2.00 cents each respectively total to an extent of Ac.8.00 cents situated in Sy.No.793 of Molakapundia village, sydapuram Mandal, SPSR Nellore District as illegal, arbitrary, in violation of principles of natural justice and in violation of Art.21 and 300-A of constitution of India and in contrary to the provisions of AP land encroachment Act, 1905 and rules thereunder and consequently set aside the notice issued by the 4 respondent vide proceedings Rc.B.470/2025, dt. 17.07.2025 and direct the respondents not to interfere with the petitioners subject land, and to pass such 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 may be pleased to direct the respondents not to interfere with petitioners subject land admeasuring an extent of Ac.2.00 cents each respectivelytotal to an extent of Ac.8.00 cents situated in Sy.No.793 of Molakapundia village, Sydapuram Mandal, SPSR Nellore District by suspending the notice issued by the 4“" respondent vide proceedings Rc.B.470/2025, dt.17.07.2025 pending disposal of the writ petition and to pass such Counsel for the Petitioner{S): 1.PERAM JAGGAREDDY 3 Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri K.Devi Prasanna Kumar, learned counsel for the petitioners and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for respondents 1 to 6. A notice under Section 7 of the Land Encroachment Act, 1905 vide R.C.B.470/2024 dated 25.06.2025 (Ex.PS) was issued by the 4"^ respondent to the petitioners. The petitioners submitted an explanation on 14.07.2025 (Ex.P2). Without considering the explanation submitted by the petitioners, an order under Section 6 of the Land Encroachment Act, 1905, was passed vide R.C.B.470/2024 dated 17.07.2025 (Ex.P1). 2. Learned counsel for the petitioners would submit that without considering the explanation submitted by the petitioners on 14.07.2025 (Ex.P2), the order under Section 6 of the Land Encroachment Act, 1905, was passed by the 4^*^ respondent. He would also submit that, against the order under 6 of the Land Encroachment Act, 1905, an appeal would lie under Section 10 to the Revenue Divisional Officer. The limitation to file an appeal under Section 10 is sixty days. However, the 4*^ respondent directed the petitioners to evict the land within 48 hours. 3. 4. Learned Assistant Government Pleader for Revenue would fairly submit that no reasons were assigned in order passed under Sec 6 of the Land Encroachment Act, 1905. \ 5. A perusal of Ex.PI does not contain reasons, nor consideration of the explanation submitted by the petitioners, Ex.P2. An order passed under Section 6 of the Land EncroachmentAct, 1905, should contain reasons. V. • 6. This Court in W.P.No.13839 of 2022 dated 06.05.2022, while reiterating the observations in Kadiyala Sudershan and others vs. Government of 4 Andhra Pradesh\ sets aside the order under Section 6 of the Act on the ground that the order does not contain any reasons. A learned single judge of the composite High Court of Andhra Pradesh in Kadiyala Sudershan case (referred supra), held thus: 7. “From the scheme of the Act, this Court is of the opinion that the notice of eviction prescribed under Section 6 of the Act, which is akin to a decree, needs to be supported by a reasoned order comparable to a judgment. Otherwise, Section 7 of the Act providing for issuance of a show-cause notice would be rendered nugatory or reduced to an empty formality.” 8. In the case at hand, the order impugned neither reflects consideration of the explanation nor reasons. Given the facts and circumstances, the writ petition is allowed. The order vide R.C.B.470/2024 dated 17.07.2025 (Ex.PI) issued by the 4 respondent under Section 6 of the Land Encroachment Act 1905 is hereby set aside. The matter is remanded to the 4"^ respondent to pass an appropriate order after considering the explanation submitted by the petitioners dated 14.07.2025 (Ex.P2) and, if necessary, by providing an opportunity of hearing to the petitioners. Till such time, the 4'*^ respondent shall not interfere with the petitioners’ possession of the property. No order as to costs. 9. th As a sequel, pending miscellaneous petitions, if any, shall stand closed. 1 2013(5) ALD 212 Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District. 3. The Revenue Divisional Officer, District. Secretariat, Velagapudi, Sydapuram Mandal, SPSR Nellore 4. The Thasildhar, Molakalapundia Village Nellore District. 5. The Village Revenue officer Mandal, SPSR Nellore District. 6. The Mandal Revenue Inspector, Molakalapundia Mandal SPSR Nellore District. 7. One CC to Sri Peram Jaggareddy Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra 9. Two CD Copies Sydapuram Mandal, SPSR Molakalapundia Village, Sydapuram Village, Sydapuram Pradesh [OUT] TF HIGH COURT DATED:22/07/2025 ANO/Sgj ORDER WP NO. 18958 OF 2025 O" 11 AUG ?n?‘i o ^ ^ . Curreni oecuon ^^OespATC«^^ ALLOWING THE W.P. WITHOUT COSTS