APHC010394552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20166/2025 Between: 1. M BHUVANA, W/O N.S.MURTHY, AGED ABOUT 34 YEARS, OCC HOUSE WIFE, R/O. D.NO.128/5, JP ROAD, KUPPAM TOWN CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO REVENUE, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, KUPPAM DIVISION, CHITTOOR DISTRICT. 4. THE TAHSILDAR, KUPPAM MANDAL, CHITTOOR DISTRICT. 5. THE MANDAL REVENUE INSPECTOR, KUPPAM MANDAL, CHITTOOR DISTRICT. 6. THE SUBINSPECTOR OF POLICE, KUPPAM MANDAL, CHITTOOR 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus assailing the Proceedings in Roc. A/203/2024 dated, 25-07-2025 issued by the respondent. No 4 under Section 6 of Andhra Pradesh Land Encroachment Act 1905, in authorizing the respondent No.5 to carry out eviction and to take possession of the land in an extent of an AC. 0.05 Cents in Sy.No.85/2 of Chinnakurabalapalle Village, Kuppam Mandal, Chittoor District, belong to petitioner without issuing any prior notice under Section 7 Land Encroachment Act 1905 as arbitrary, illegal, colorable exercise of power, violate of the constitution and fundamental rights guaranteed to petitioner under article 14, 19, 21,300 A of the constitution of India and consequently Set-aside the same and pass IA 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 Roc. A/203/2024 dated, 25-07-2025 issued by the respondent. No 4 pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ::ORDER:: Heard Sri P.V.N. Kirna Kumar, learned counsel representing Smt. S. Parineeta, learned counsel for the petitioner, Sri Divya Teja, learned Assistant Government Pleader for Revenue, for respondents 1 to 5, and Sri Ajay Kumar, learned Assistant Government Pleader for Home, for respondent No.6. 2. Learned counsel for the petitioner would submit that the petitioner has had Ac.0-03 cents of land in survey No.85/2, and the Tahsildar issued a possession certificate (Ex.P2). While so, respondent No.4, without issuing a notice under Section 7 of the Act, issued notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short ‘the Act’) vide Roc A/203/2024 dated 25.07.2025 (Ex.P1), pointing out that the petitioner had encroached upon an extent of Ac.0-05 cents out Ac.0-08 cents of land classified as ‘Gutta Poramboke”, in survey No.85/2, Chinnakurabalapallle village, Kuppam Mandal, Chittoor District.. 3. Learned Assistant Government Pleader for Revenue, on instructions, would submit that before issuing Ex.P1, notice under Section 6 of the Act, no notice under Section 7 of the Act was issued to the petitioner. He would fairly submit that notice under Section 6 of the Act was issued without following the procedure under the Act and will not withstand legal scrutiny. 4. As per the scheme of the Act, a notice under Section 7 must be issued pointing out encroachment, if any, and call upon the recipient to submit an explanation. Thereafter, after considering such explanation, an order under Section 6 of the Act must be passed. Against an order under Section 6 of the Act, an appeal is provided under Section 10 of the Act. 5. In the case at hand, given the submission of learned Assistant Government Pleader for Revenue, since no notice under Section 7 of the Act, which is mandatory, was issued before issuing the notice impugned i.e. Roc A/203/2024 dated 25.07.2025 (Ex.P1), the same is liable to be set aside. 6. Accordingly, this writ petition is allowed at the admission stage. The notice issued by respondent No.4, under Section 6 of the Act, vide Roc A/203/2024 dated 25.07.2025 (Ex.P1), is hereby set aside. However, this order will not preclude respondent No.4 from following the procedure mandated under the Act. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 01.08.2025 IKN THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20166/2025 Dated: 01.08.2025 IKN