APHC010388252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY | TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19625 OF 2025 Between: 1. Kakarla Subbamma, W/o.Thirupal Reddy, Aged about 50 years, Occ Cooli, R/o.D.No.6-4-660, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa. 2. ChuppalaVenkataRamana, W/o.ChuppalaLakshamaiah, Aged about 50 R/o.D.No.6-4-675, Sundaraiah Colony, Revenue Ward No.6 Budwel, YSR District, Kadapa. 3. ChuppalaRamadevi, ChuppalllaVenkataRamana, Aged about 45 years, Occ Cooli,R/o.D.No.6-4-674, Sundaraiah Colony, Revenue Ward No.6 Budwel, YSR District, Kadapa. 4. M.VenkataSubbamma, W/o. Venkata Reddy, Aged about 55 years, Occ Cooli, R/o.D.No.6-4-661, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa. years, Occ Cooli ...Petitioners AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Y.S.R. Kadapa District, Kadapa. 3. The Tahsildar, Budwel Mandal, YSR 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 in the nature of Writ of Mandamus declaring the proceedings in Ref.No.A/52/2025, dated 16-07-2025 and 23-07-2025 passed under Section 6 of Madras Act III of 1905 and directed petitioners to vacate the house property bearing D.nos. 6-4-660, 6-4-675, 6-4-674, and 6-4-661 (3 cents each), in Sy.No.1003 of Madakalavaripalli. Sundaraiah Colony, Revenue Ward Budwel, YSR District, Kadapa, without considering 03-04-2025 as arbitrary, illegal, contrary to the settled legal position, apart from being violative of fundamental rights guaranteed to petitioners under Articles 14, 19 and 21 of Constitution of India, and consequently setaside the same. lA NO: 1 OF 2025 one No.6, our reply, dated 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 suspend the proceedings in Ref.No.A/52/2025, dated 16-07-2025 and 23-07-2025 passed under Section 6 of Madras Act III of 1905 to passed by the respondent No.3 pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI P V N KIRAN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following order: * APHC010389252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] f' MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19625/2025 Between: 1.KAKARLA SUBBAMMA, W/O.THIRUPAL REDDY, AGED ABOUT 50 . YEARS, OCC COOLI, R/O.D.NO.6-4-660, SUNDARAIAH COLONY, REVENUE WARD N0.6, BUDWEL, YSR DISTRICT, KADAPA. W/O.CHUPPALALAKSHAMAIAH, R/O.D.NO.6-4-675, 2. C H U P PALAVE N KATARAMANA AGED ABOUT 50 YEARS, OCC COOLI, SUNDARAIAH COLONY, REVENUE WARD N0.6 BUDWEL, YSR ) 1 DISTRICT, KADAPA. 3.CHUPPALARAMADEVI,, CHUPPALLLAVENKATARAMANA, AGED ABOUT 45 YEARS, OCC COOLI,R/O.D.NO.6-4-674, SUNDARAIAH COLONY, REVENUE WARD N0.6 BUDWEL, YSR DISTRICT, KADAPA. 4.M.VENKATASUBBAMMA,, W/0. VENKATA REDDY, AGED ABOUT SUNDARAIAH R/O.D.NO.6-4-661 BUDWEL, YSR DISTRICT 55 YEARS, OCC COOLI, COLONY, REVENUE WARD N0.6 KADAPA. ...PETITIONER(S) AND PRINCIPAL SECRETARY, SECRETARIAT 1.THE STATE OF AP, REP., BY ITS DEPARTMENT, BUILDINGS,VELAGAPUDI,GUNTUR DISTRICT. REVENUE 2.THE DISTRICT COLLECTOR, Y.S.R, KADAPA DISTRICT, KADAPA. 3.THE TAHSILDAR, BUDWEL MANDAL, YSR DISTRICT ...RESPONDENT(S): W.P.No.l9625 of203|j^ 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref.No.A/52/2025, dated 16-07-2025 and 23-07-2025 passed Section 6 of Madras Act III of 1905 and directed petitioners to vacate the house property bearing D.nos. 6-4-660, 6-4-675,6-4-674, and 6-4-661 ( 3 cents under each), in Sy.No.1003 of Madakalavaripalli, Sundaraiah Colony, Revenue Ward No.6, Budwel, YSR District, Kadapa, without considering reply, dated 03-04- 2025 as arbitrary, illegal, contrary to the settled legal position, apart from being violative of fundamental rights guaranteed to petitioners under Articles, 14, 19 and 21 of Constitution of India, and consequently setaside the same and pass our 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 pleased to suspend the proceedings in Ref.No.A/52/2025, dated 16-07-2025 and 23-07-2025 passed under Section 6 of Madras Act III of 1905 passed by the respondent No.3 pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1.PVN KIRAN KUMAR Counsel for the Respondent(S); 1.GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri PVN Kiran Kumar, learned counsel for the petitioner and Sri B.V. Satayanarayana, learned Assistant Government Pleader for Revenue, for the respondents. 2. A notice under Section 7 of the Land Encroachment Act, 1905 (for short ‘the’^Act’) was issued by Tahsildar, Gopavaram, vide Ref:A/52/2025 dated 23.07.2025 pointing out encroachment of land to an extent of Ac.0-03 cents SRS,J W.P.No.19625 of 2025 each in survey No. 1003, Madakalavari Palli Village, Gopavaram Mandal, Y.S.R. Kadapa District, by the petitioners 2 and 3. Earlier, the petitioners filed W.P.No.9586 of 2025 and the same wa? disposed of on 10.04.2025,directing respondent No.3 therein to consider the explanation dated 03.04.2025 submitted by the petitioners and pass appropriate orders. Thereafter, orders vide Ref.A/52/2025 dated 23.07.2025, under Section 6 of the Act, were passed by respondent No.3 against petitioners 2 and 3, by mentioning that ‘no reply was submitted within stipulated time’. Impugning the said orders, the above writ petition is filed. Learned counsel for the petitioners would, submit that the petitioners submitted an explanation through registered post, and the receipts of the registered post are filed at .page No.42 of the material papers. He would submit that the order dated 10.04.2025 in W.P.No.9586 of 2025 would disclose about submission of an explanation dated 03.04.2025, by the petitioners. In fact, the Court directed respondent No.3 therein to consider the petitioners’ explanation and pass appropriate orders. 3. Learned Assistant Government Pleader for Revenue would fairly submit No.3 will consider the petitioners’ explanation, dated 4. that respondent 03.04.2025. 5. As seen from the orders impugned, the Tahsildar, Gopavaram, pointed out that ‘no reply was submitted within the stipulated time and concluded that the petitioners are in illegal occupation of government land. Consequently, the Thasildar directed the encroachers to vacate the said land within 48 hours from the receipt of the order, despite the direction given by the Court in W.P.No.9586 of 2025, the Tahsildar, passed an order under Section 6 of the Act against petitioners 2 and 3, even without considering the explanation dated 03.04.2025. The order 6. Thus, SRy W.P.No.19625 of 20m impugned suffers from non-consideration of explanation and hence, it violates principles of natural justice. 7. As per the material available on record, no orders are passed against petitioners 1 and 4. 8. Given the facts and circumstances of the case, the writ petition is partly allowed in respect of petitioners 2 and 3. The orders passed by Tahsildar, Gopavaram, vide Ref:A/52/2025 dated 23.07.2025 against petitioners 2 and 3 in respect of Ac.0.03 cents each in survey No. 1003, Madakalavari Palli village, Gopavaram Mandal, YSR District, are'hereby set’aside. The matter is remitted to respondent No.3. Respondent No.3 shall consider the objections submitted by petitioners 2 and 3 and pass a reasoned order as per law, by giving opportunity of hearing to petitioners 2 and 3, as expeditiously as possible, within four weeks from the receipt of a copy of the order. Till an order is passed, respondent No.3 shall not dispossess the petitioners 2 and 3 from Ac.0.03 cents each in survey No. 1003, Madakalavari Palli village, Gopavaram Mandal, YSR District. an Since no orders are passed against petitioners 1 and 4, this Court, at this juncture, is not granting any relief to them. However, liberty is given, to them to file a writ petition as and when the cause of action arises. No costs. As a sequel, pending mispellaneous petitions, if any, shall stand closed. A BABU ^TRAR Sd/- A.VIJ ASSISTANT R //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings,Velagapudi,Guntur District. 2. The District Collector, Y.S.R. Kadapa District, Kadapa. 3. The Tahsildar, Budwel Mandal, YSR District. 4. One CC to Sri P V N Kiran Kumar Advocate 5. TwoCCsto GP for Revenue, 6. Two CD Copies [OPUC] High Court of Andhra Pradesh [OUT] TF V > m HIGH COURT DATED:28/07/2025 ORDER WP NO. 19625 OF 2025 PARTLY ALLOWING THE W.P. WITHOUT COSTS