Extracted from the PDF above. The PDF is authoritative.
APHC010405822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS ? WEDNESDAY, THE SIXTH DAY OF AUGUST 1 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20699 OF 2025 Between: O Shamalamma, W/o Onkolu Somasekhara, Aged about 52 years, Residing at Door No. 1-3, Jangampalli, Madanapalle, Pothapolu Post, VTC Pothapalu, Annamayya District, PIN - 517319. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati - 522238. 2. The District Collector, Annamayya District Andhra Pradesh. 3. The Tahsildar, Madanapalle Mandal Annamayya District., Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Issue a Writ of Mandamus or any other appropriate writ, order or orders declaring the action of Respondent No.3 in issuing the impugned notice dated 30.07.2025 in Ref. No. C/09/2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, in relation to Plot No.86, situated in Sy.No.630 of Kollabylu Village, Madanapalle Mandal, Annamayya District, as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the same and Respondents not to interfere with the peaceful possession and enjoyment of Further direct the
r ... Sy.No.630 of the Petitioner over the house constructed in Plot No.86, Kollabylu Village. lA NO: 1 OF 2025 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the operation of the impugned notice dated 30.07.2025 bearing Ref. No. C/09/2025 issued by Respondent No.3 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and Direct the Respondents not to take any coercive steps or dispossess the Petitioner from Plot No.86 in Sy.No.630 of Kollabylu Village. Madanapalle Mandal, Annamayya District, including the residential house constructed therein.
Counsel for the Petitioner: SRI BUGULU SREETEJA Counsel for the Respondent No’s. 1 to 3: GP FOR REVENUE The Court made the following order: Petition under Section 151 CPC is filed
APHC010405822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20699/2025 Between: 1.0 SHAMALAMMA, W/0 ONKOLU SOMASEKHARA, AGED ABOUT 52 YEARS, RESIDING AT DOOR NO.1-3, JANGAMPALLI, MADANAPALLE, POTHAPOLU POST, VTC POTHAPALU, ANNAMAYYA DISTRICT, PIN - 517319. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATI - 522238. 2.THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT ANDHRA PRADESH. 3.THE TAHSILDAR, MADANAPALLE MANDAL ANNAMAYYA DISTRICT, ANDHRA PRADESH. SECRETARIAT ...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 of Mandamus or any other appropriate writ, order or orders declaring the action of Respondent No.3 in issuing the impugned notice dated 30.07.2025 in Ref. No. C/09/2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, in relation to Plot No.86, situated in Sy.No.630 of Kollabylu Village, Madanapalle Mandal, Annamayya District, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the same and Further direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioner over the house constructed in Plot No.86, Sy.No.630 of Kollabylu Village and Pass such
2 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 may be pleased to Suspend the operation of the impugned notice dated 30.07.2025 bearing Ref.
No. C/09/2025 issued by Respondent No.3 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and direct the Respondents not to take any coercive steps or dispossess the Petitioner from Plot No.86 in Sy.No.630 of Kollabylu Village, Madanapalle Mandal, Annamayya District, including the residential house constructed therein and pass such Counsel for the Petitioner:
1.BUGULU SREETEJA Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 20699 of 2025
ORDER; The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;
“...to issue a Writ of Mandamus or any other appropriate writ,
order or orders declaring the action of Respondent No. 3 in issuing the impugned notice dated 30.07.2025 in Ref No. C/09/2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, in relation to Plot No. 86, situated in Sy.No.630 of Kollabylu Village, Madanapalle Mandat, Annamayya District, as illegal, arbitrary and violative of Articles 14 21 and 300-A of the Constitution of India and consequently set aside the same and further direct the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioner over the house constructed in Plot No.86, Sy.No.630 of Kollabylu Village and pass such other order or orders as this Court may deem fit and proper in the interest of justice and equity”. Learned Assistant Government Pleader for Revenue, instructions, submits that the respondents will follow the due procedure while dispossess of the petitioner from the subject property, since the subject property is a Government prime land. on
2. In view of the above said submissions, this Court deems it appropriate to dispose of this writ petition with a direction to the herein to submit explanation to the impugned notice, dated
3. petitioner 30.07.2025 within a period of three weeks from today. On receiving such explanation, the respondents are hereby directed to examine the and pass appropriate orders in accordance with law and communicate the said decision to the petitioner herein. Till such time, same
4 no coercive steps shall be taken by the respondents against the subject property.
4. With the above said observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed.
Sd/- B PRASADA RAO ASSISTA ^.EGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati - 522238.
2. The District Collector, Annamayya District Andhra Pradesh.
3. The Tahsildar, Madanapalle Mandal Annamayya District. Pradesh.
4. One CC to SRI. BUGULU SREETEJA, Advocate [OPUC]
5. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT]
6. Three CD Copies Andhra PRK
HIGH COURT DATED:06/08/2025
ORDER WP NO. 20699 OF 2025 ^ 0 SEP 2025 1 ^■'^SJQUSSSSS^ DISPOSING OF THE WP, WITHOUT COSTS