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2025 DAILYLAW 28260 (AP)

Kandru Venkateswarlu v. State of Andhra Pradesh,

WP/20639/2025 · 2025-08-05

Tarlada Rajasekhar Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V. 1 APHC010401732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST T TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NO: 20639 OF ‘pnon ■rfO ■I- RAO Between: 1. Kandru Venkateswarlu, S/o Poornaiah Hindu, aged 60 years, R/o. Krosuru H,No.14-46, Asst.No.2596, Village and Mandal, Palanadu District 2. Kandru Seshagiri Rao, S/o. Andukuru Road, Opp to church Sitaramaiah, Hindu, aged 52 yrs, R/o. Krosuru H.No.14-47, Asst.No.2597, Village and Mandal, Palanadu District. Andukuru Road, Opp to church ...PETITIONERS AND 1- state of Andhra Pradesh, Rep by Principal Secretary (Revenue), Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. District Collector. Palanadu District 3. Tahsildar, Krosuru Mandal, Palanadu District. Narasaraopet. ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated i of India praying that in the in the affidavit filed therewith, the High Court pleased to issue an order or direction may be more particularly the one in the nature 0 wnt of mandamus declaring the action of the 3'^ respondent in issuing no cesD,,03-07-2025 U/sec. 7 of Andhra Pradesh Land Encroachment Ac' 1905 threatening to evict the petitioners from their residential houses No. 4 14-46 and 14-47 admeasuring 70 5 Sq. Mts and 39.69 Sq. mts with Assessment No.2596 and 2597 Krosuru Village and Mandal, Palanadu District jurisdiction or any authority of law and,/violative of Articles Constitution of India. lA NO: 1 OF respectively situated in Sy. No.550 of as illegal, arbitrary, without 14, 21 and 300-A of Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to notices Dt.08-07-2025 issued by the 3rd respondent and direct the praying that in the circumstances stated respondents not to interfere with the peaceful possession and enjoyment of the houses No. 14-46 and 14-47 admeasuring 70.5 Sq. mts and 39.69 Sq. mts with Assessment No.2596 and 2597 respectively situated in Sy. No. 550 of Krosuru Village and Ijtendal, Palanadu District by the petitioners pending disposal of the writ petition in the interests of justice. Counsel for the Petitioners: SRI M. CHALAPATI Counsel for the Respondent Nos.1 The Court made the following order: RAO to 3: GP FOR REVENUE APHC010401732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 20639 of 2025 [3330] ^***^NDRU VENKATESWARLU, S/O POORNAIAK ^^'^DU, AGED R/0 H.NO.14-46, ASST.N0.2596, ANDUKURU KROSURU VILLAGE AND MANDAL 1 60 YEARS ROAD, OPP TO CHURCH PALANADU DISTRICT. o.^-AOA^/,AlAU 2.KANDRU SESHAGIRI RAO, , S/O. SITARAMAIAH AGED 52 YRS R/0. H.NO.14-47, ASST.N0.2597, KROSURU VILLAGE AND MANDAL, HINDU, ROAD, OPP TO CHURCH PALANADU DISTRICT. ...PETITIONER(S) AND 1 STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY (REVENUE) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR ^STRICT. COLLECTOR 2. DISTRICT 3,TAHSILD^°kR0SURU MANDAL, P*'-ANADU^DISTRICT^_^^^^^ Petition under Article 226 of the Constitution of the circumstances stated in the affidavit filed therewith the High Court may be pTeaLd to issue an order or direction more particuiahy he one in the nature of writ of mandamus declaring the action of responderln issuing notices Dt.08-07-2025 U/sec. 7 of Andhra Pradesh Land Encroachment Act 1905 ‘°3®'^'"'l4-47 netitioners from their residential houses No. . . ^ admeasuring 70.5 Sq. Mts and 39.69 on<ro^uru No 2596 and 2597 respectively situated in Sy. No. 550 of ^^i^osuru VHage and Mandal, PalanadJ District as illegal, arbitrary, without 2 4 jurisdiction or any authority of law and violative of Articles 14 300-A of Constitution of India and to Counsel for the Petitioner(S): 1.M CHALAPATI RAO Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 21 and pass ORDER: Assailing the notice dated 08.07.2025 issued by the 3 Andhra Pradesh Land rd respondent-Tahsildar under Section 7 of the Encroachment Act, 1905, the | that the 3’’’=' respondent-Tahsildar has present Writ Petition is filed on the ground no jurisdiction as the property is 1994. vested under Section 53 of the A.P.Panchayat Raj Act 2. Without going into the merits of the case, the present Writ Petition is disposed of, directing the petitioners herein to submit explanation to the 3'"^ respondent to the show cause notice dated 08.07.2025, raising all grounds including jurisdiction, within a period of three (3) weeks from the date of receipt of a copy of this order and. on submitting such respondent-Tahsildar shall pass appropriate orders Till such time, any coercive steps against the subject explanation by the petitioners herein, the 3'^' examine the same in accordance with law and and communicate the decision to the petitioners herein. the respondents shall not take property. 3. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. As a sequel thereto. Interlocutory Applications shall stand closed. no pending, if any Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFPj/QER To, 1. The Principal Secretary (Revenue), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. District Collector, Palanadu District, Narasaraopet. Tahsildar, Krosuru Mandal, Palanadu District. One CC to Sri M. Chalapati Rao, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies. 2. 3. 4. 5. 6. ssb »J HIGH COURT DATED:06/08/2025 ORDER WP No. 20639 OF 2025 s( 01 SEP 2025 K '«sC!!n;nlSectoi--<^ DISPOSING OF THE W. P. WITHOUT COSTS