APHC010403662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY. THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20604 OF 2025 Between: Sadhaha Ravi Babu, S/o. S. Saibaba, Aged about 50 Rachagunneri Village, Srikakulam Mandal, Tirupati District. years, R/o. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati District, Tirupati. • 3. The Joint Collector, Tirupati District, Tirupati. 4. The Tahsildar, Srikalahasthi Mandal, Tirupati 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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos.2 and 3 herein in not considering the Appeal and Stay Application, dt.2.8.2025 and respectively filed by the Petitioner under Section dt. 1.8.2025 10 of A.P. Land Encroachment Act, 1905 against the Proceedings of the 4 Roc.No.A/297/2025, dt.29.7.2025, wherein the 4*^ th Respondent in Respondent ordered for . summary eviction of the Petitioner from the land an extent of Ac. 1.42 cents in Sy.No.296/2B-8 of Rachagunneri Village lands, Srikalahasthi Mandal, Tirupati District under Section 6 of the A.P. Land Encroachment Act, 1905 as illegal, arbitrary and contrary to the provisions of Section 10 of the A,P. Land Encroachment Act 1905 and consequently suspend the impugned Proceedings of the 4^^ Respondent in Roc.No.A/297/2025, dt.29.7.2025 and direct the Respondent Nos.2 and 3 to consider and pass orders on Appeal and Stay Application, dt.2.8.2025 and dt. 1.8.2025 respectively filed by the Petitioner under Section 10 of A.P. Land Encroachment Act, 1905. lA NO: 1 OF 9091; Petition under Section 151 CPC praying that in the circumstances stated . in the affidavit filed in support of the petition, the High Court direct the 4*' Respondent to not to dispossess the may be pleased to Petitioner from the land an extent of Ac. 1.42 cents i in Sy.No.296/2B-8 of Rachagunneri Village Srikalahasthi Mandal, Tirupati District by suspending the Proceedings in Roc.No.A/297/2025, dt.29.7.2025 of the 4“’ Respondent. . Counsel for the Petitioner: G RAMESH BABU Counsel for the, Respondents: GP FOR REVENUE The Court made the following order: APHC010403662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 20604 of 2025 Between: 1.SADHANA RAVI BABU, S/0. S. SAIBABA, AGED ABOUT 50 SRIKAKULAM YEARS, R/0. RACHAGUNNERI VILLAGE MANDAL, TIRUPATI DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, A.P. SECRETARIAT AT REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHi, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI 3.THE JOINT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI 4.THE TAHSILDAR, SRIKALAHASTHI MANDAL, TIRUPATI 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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos.2 and 3 herein in not considering the Appeal and Stay Application, dt.2.8.2025 and dt. 1.8.2025 respectively filed by the Petitioner under Section 10 of A.P. Land Proceedings of the 4th Respondent in dt.29.7.2025, wherein, the 4th Respondent ordered for summary eviction of the Petitioner from the land an extent of Ac. 1.42 cents in Sy.No.296/2B-8 of Rachagunneri Village lands, Srikalahasthi Mandal, Tirupati District under Section 6 of the A.P. Land Encroachment Act, 1905 as illegal, arbitrary and contrary to the provisions of Section 10 of the A.P. Land Encroachment Act, 1905 and consequently suspend the Encroachment Act, 1905 against the Roc. No. A/297/2025, 2 Respondent in Roc.No.A/297/2025 dt.29.7.2025 and direct the Respondent Nos.2 and 3 to cons^er and 18^202?^^ on Appeal and Stay Application, dt.2.8.2025 and dt I anH°F ^ respectively filed by the Petitioner under Section 10 of A P Land Encroachment Act, 1905 and ' pass Counsel for the Petitioner- 1.GRAMESH BABU Counsel for the Respondent(S)- 1.GPFOR REVENUE The Court made the following: 3 ORDER: The short grievance of the writ petitioner is that the 4*^ respondent had issued a show cause notice under Section 7 of the Andhra Pradesh Encroachment Act, 1905, wherein the 4*^ respondent was asked to appear before the 4*^ respondent. Pursuant to the show cause notice, the petitioner appeared before the 4'^ respondent and filed his written explanation. It is the case of the petitioner that the 4^*^ respondent without considering the explanation submitted by the petitioner, passed summary eviction order on 29.07.2025 to vacate the petitioner from the land in survey No.296/2b8, vide proceedings in ROC.A/297/2025, dated 29.07.2025. Aggrieved by the same, the petitioner herein filed an appeal before the authority under Section 10 of the A.P.Land Encroachment Act, an application is filed under Section 10(2) of the A.P.Land Encroachment Act (for brevity, hereinafter called as ‘the Act’) for suspension of the order of the 4*'^ respondent. 2. \ Section 10(2) of the A.P.Land Encroachment Act postulates that, pending disposal of any appeal or petition for revision under this Act, the District Collector or the Board of Revenue, as the case may be, may suspend the execution of the order appealed against or sought to be revised. 3. 4. Now the present Writ Petition is filed while the appeal is pending and the respondents are trying to dispossess the petitioner from the subject property, without taking any decision on the application filed under Section 10(2) of the Act. 4 5. Without going into the merits of the case, this Court is inclined to dispose of the Writ Petition with a direction to the appellate authority to pass appropriate orders on the application filed by the petitioner herein under Section 10(2) of the A.P.Land Encroachment Act for of eviction order filed under Section 10(2) of the Act. suspension Further, the respondents are directed not to dispossess the writ petitioner from the subject property till the disposal of the application filed under Section 10(2) of the Act. It goes without saying the direction granted by this Court does not preclude the authority under the appeal to pass orders on merits on the application filed under Section 10(2) of the Act. 6. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a seq shall stand closed. I thereto. terlocutory Applications pending, if any. Sd/- M. SRINiVAS assistant registrar SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary, Revenue Department Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District 2. The District Collector, Tirupati District, Tirupati 3. the Joint Collector. Tirupati District, Tirupati. 4. The Tahsildar. Srikalahasthi Mandal, Tirupati District. 5. One CC to Sri G Ramesh Babu, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies State of Andhra HIGH COURT DATED;05/08/2025 ORDER WP NO. 20604 OF 2025 DISPOSING OF THE WP WITHOUT COSTS