APHC010386362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ri:- 'At m MONDAY,THE FOURTH DAY OF AUGUST I? TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO o AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 852 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 23-4-2025 in W.P.No. 10449 of 2025 on the file of the High Court. Between: Smt. P. Rupa, W/o Anjaneyulu Reddy, Aged about 41 years, Occ; Agriculture, R/o. Makamambapuram Village, Tirumalaiahpalli Panchayat, Veduru Kuppam Mandal, Chittoor District. ...APPELLANT/RESPONDENT No.6 AND 1. S. Geetha, W/o Hanmanth Reddy, Aged 36 years, R/o Kondakindapalli Village Tirumalaiahpalli Panchayat, Veduru Kuppam Mandal District. 2. S. Jyothi Reddy, S/o Manireddy, Kondakindapalli Village Tirumalaiahpalli Panchayat, Veduru Kuppam Mandal, Chittoor District 3. B. Damodar Reddy, S/o Sambasiva Reddy, Aged about 40 Kondakindapalli Village Tirumalaiahpalli Panchayat, Veduru Kuppam Mandal, Chittoor District. Chittoor Aged about 21 years, R/o years, R/o ...RESPONDENTS/WRIT PETITIONERS 4. The State of Andhra Pradesh Principal Secretary, Revenue Department Secretariat, Amaravati, Guntur District. 5. The District Collector, Chittoor, Chittoor District. 6. The Revenue Divisional Officer, Chittoor, Chittoor District. 7. The Tahsildar, Veduru Kuppam Mandal, Chittoor District. 8. B.Hari, S/o B. Prahalada Reddy, Makamambapuram Village, Kuppam Mandal, Chittoor District Aged about 40 years, R/o Tirumalaiahpalli Panchayat, Veduru ...RESPONDENTS/RESPONDENTS No.1 to 5 lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i directing the 6^*^ Respondent herein agricultural Makamambapuram Village of Veduru Kuppam Mandal suspending the order in W.P.No.10449/2025 dt.23-4-2025, pending disposal of the above Writ Appeal. ’ praying that in the circumstances stated in support of the petition, the High Court may be pleased to not to dispossess the Appellant from the in Sy.No. 187/1, land admeasuring Ac.1-30cents of , Chittoor District, by Counsel for the Petitioner: SRI B. CHANDRA SHEKHAR Counsel for the Respondent Nos.1 to 3; SRI PASAPALA SUDHAKAR REDDY Counsel for the Respondent Nos.4 to 7:GP FOR REVENUE Counsel for the Respondent No.8:— The Court made the following: JUDGMENT APHC010386362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 852/2025 Writ Appeal under clause 15 of the Letters Patent to allow the writ appeal by setting aside the order dt.23-4-2025 in W.P.No.10449/2 025 passed by the learned Single Judge, by directing the official respondents to initiate action against the unofficial respondents under the provision of law, and pass appropriate orders in the interest of justice. Between: 1.SMT. P. RUPA„ W/0 ANJANEYULU REDDY, YEARS, OCC AGRICULTURE, R/O MAKAMAMBAPURAM VILLAGE, TIRUMALAIAHPALLI PANCHAYAT CHITTOOR DISTRICT. AGED ABOUT 41 VEDURU KUPPAM MANDAL, ...APPELLANT AND 1.S GEETHA, W/O HANMANTH REDDY, AGED 36 YEARS, R/O KONDAKINDAPALLI VILLAGE TIRUMALAIAHPALLI PANCHAYAT, VEDURU KUPPAM MANDAL, CHITTOOR DISTRICT. 2.S JYOTHI REDDY, S/0 MANIREDDY, AGED ABOUT 21 YEARS, R/O KONDAKINDAPALLI VILLAGE TIRUMALAIAHPALLI PANCHAYAT, VEDURU KUPPAM MANDAL, CHITTOOR DISTRICT 3.B DAMODAR REDDY, S/O SAMBASIVA REDDY, AGED ABOUT 40 YEARS, R/O KONDAKINDAPALLI VILLAGE PANCHAYAT, VEDURU KUPPAM MANDAL, CHITTOOR DISTRICT TIRUMALAIAHPALLI 2 4.THE STATE OF ANDHRA PRADESH, r REVENUE DEPARTMENT SECRETARIAT DISTRICT. 5.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 6.THE REVENUE DIVISIONAL OFFICER DISTRICT. 7.THE TAHSILDAR, DISTRICT. 8.B HARI, S/0 B. PRAHALADA REDDY, AGED ABOUT 40 YEARS R/0 MAKAMAMBAPURAM VILLAGE, TIRUMALAIAHPALLI VEDURU KUPPAM MANDAL, CHITTOOR DISTRICT PRINCIPAL SECRETARY, AMARAVATI, GUNTUR CHITTOOR, CHITTOOR VEDURU KUPPAM MANDAL, CHITTOOR PANCHAYAT, ...RESPONDENT(S): lA NO: 1 OF 20?.*^ 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 pleased to directing the 6 Respondent herein not to dispossess the Appellant from the agricultural land admeasuring Ac.1-30cents in Sy.No. 187/1, of Makamambapuram Village of Veduru Kuppam Mandal, suspending the order in W.P.No. 10449/2025 dt.23-4-2025, of the above Writ Appeal Chittoor District, by . pending disposal Counsel for the Appellant: 1.B CHANDRA SHEKHAR Counsel for the Respondent{S): 1.PASAPALA SUDHAKAR REDDY 2.GP FOR REVENUE 3 The Court made the following Judgment: (per Hon’ble Srl justice R. Raghunandan Rao) The respondents 1 to 3 herein have approached this Court, by way of W.P.No.10449 of 2025, with the complaint that the appellant and the 8'^ respondent herein are in illegal possession of Ac.2.30 cents of land, in Sy.No.187/1 of Makamambapuram Village and Panchayat, Veduru Kuppam Mandal, Chittoor District and that the official respondents were not taking steps to evict them from the said land despite the fact that the land is communal land set aside for grazing. A Learned Single Judge of this Court, by an Order dated 23.04.2025 had disposed of the Writ Petition with a direction to the official respondents to remove the encroachments of the appellant and the 8 respondent herein after issuing notice to all the parties concerned, by following due process of law. 2. th 3. Aggrieved by the said Order, the appellant has approached this i Court by way of the present Writ Appeal, submitting that the direction of the Learned Single Judge did not given any discretion to the revenue authorities and that the process had been initiated, under the provisions of the Andhra Pradesh Land Encroachment, 1905 [for short “the Act, 1905”], by way of issuance of the notice, under Section-7 of the Act, 1905. Sri B. Chandrasekhar, learned counsel for the appellant would submit that the respondents have now passed an Order of eviction, under Section-6 of the Act, 1905, on 28.07.2025, though the Order is dated 23.07.2025, and that the said Order has been passed without adequately considering the representation made by the appellant, in response to the notice issued, under Section-7 of the Act, 1905. He would also submit that the Order under Section-6 of the Act, 1905 would also have to be set aside on the ground that the said Order has been passed in pursuance of the directions of the Learned Single Judge wherein the only option available to the official authorities was to pass an Order of eviction. 4. 4 5. The fact remains that the Order, under Section-6 of the Act, 1905, has been passed after the filing of this appeal and has not yet been challenged before the appropriate authority. In the circumstances, this Writ Appeal is disposed of leaving it open to the appellant to avail the remedy of appeal, under the provisions of the Act, 1905. 6. Needless to say, the observations of the Learned Single Judge, in the Order dated 23.04.2025, shall not be taken into account by the appellate authority. 7. For the purposes of permitting the appellant to avail the alternative remedy of appeal, the possession of the appellant over the said land shall not be disturbed, for a period of three weeks. There shall be order as to costs. no As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- m SLIRYANADHA REDDY DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravati, Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Chittoor, Chittoor District. 4. The Tahsildar, Veduru Kuppam Mandal, Chittoor District. 5. One CC to Sri B. Chandra Shekhar, Advocate [OPUC] 6. One CC to Sri Pasapala Sudhakar Reddy, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED:04/08/2025 JUDGMENT WA No.852 OF 2025 ^ i( I mug 2025 lii yco’ DISPOSING OF THE W.A. WITHOUT COSTS