1- ■ APHC010406282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST^i TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21444 OF 2025 Between: Katam Veerabhadraiah, S/o. Sankaraiah, aged 66 years, R/o Door No. 15- 721, Kamala Nagar, Ananthapuramu Village, Mandal and District-515 001, A.P. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Guntur District, A.P. 2. The District Collector, Ananthapuramu District, Ananthapuramu, A.P. 3. Ananthapuramu Municipal Corporation, Rep. by its Municipal Commissioner, Ananthapuramu District, A.P. 4. The Tahsildar, Ananthapuramu Urban Mandal, Ananthapuramu District, A.P. ...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 a direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the Dispossession/ Eviction Notice in Rc. No.B/321/2025 dt. 26-07-2025 issued by the respondent threatening the petitioner to vacate from the petitioner^ asbestos sheet house in an extent of Ac.0-00.75 cents out of Ac.2-54 cents which is classified as Vanka in Sy. No.94 of Ananthapuramu rural Village, Ananthapuramu Urban Mandal and District within 7 days else the 4*^ respondent would demolish the petitioners house while forcefully evicting the petitioner from his house and to declare the action of the respondents in interfering with the petitioners peaceful possession and enjoyment over the asbestos sheet house and site in an original extent of Ac.0-06 cents or 294 yards situated in Sy. No.94 of Ananthapuramu Municipal Corporation and District and in dispossessing the petitioner from his house and site, as illegal, arbitrary without following procedure established by law and violation of principles of natural justice and also Articles 14, 21 and 300-A of the Constitution of India and to set aside the same, and consequently to direct the respondents not to interfere with the petitioners peaceful possession and enjoyment over the asbestos sheet house and site in an original extent of Ac.0-06 cents or 294 yards situated in Sy. No. 94 of Ananthapuramu Municipal Corporation and District and dispossess the petitioner from his house and site. lA NO: 1 OF 2Q2fi not to 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 to suspend the Dispossession/Eviction Notice in Rc. No.B/321/2025 dt. 26-07-2025 issued by the 4'“^ respondent threatening the petitioner from the petitioner’s asbestos sheet house in an extent of Ac.0-00.75 cents out of Ac.2-54 cents which is classified as “Vanka to vacate in Sy.No.94 of Ananthapuramu rural Village, Ananthapuramu Urban Mandal & District , and consequently to direct the respondents not to interfere with the petitioner’s peaceful possession and enjoyment over the asbestos sheet house & site an original extent of Ac.0-06 cents or 294 yards situated in Sy. No. 94 of Ananthapuramu Municipal Corporation & District and petitioner from his house and site and to consider the Reply /Objections in not to dispossess the dt. 30-07-2025 sent by this petitioner to R.1 to R.4, petition. pending disposal of the Writ Counsel for the Petitioner: SRI CH. NAGENDRAMU Counsel for the Respondent Nos.1,2 & 4:GP FOR REVENUE Counsel for the Respondent No.3: SRI POTHAM VENGALA REDDY, SC FOR MUNICIPAL CORPORATIONS The Court made the following order: f APHC010406282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21444/2025 Between; 1.KATAM VEERABHADRAIAH,, S/0 SANKARAIAH, AGED 66 YEARS, R/0 DOOR NO. 15-721, KAMALA NAGAR, ANANTHAPURAMU VILLAGE, MANDAL AND DISTRICT- 515 001, A.P. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2.THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU, A.P. 3.THE MUNICIPAL COMMISSIONER, ANANTHAPURAMU MUNICIPAL DISTRICT, A.P. CORPORATION, ANANTHAPURAMU 4.THE TAHSILDAR, ANANTHAPURAMU URBAN MANDAL, ANANTHAPURAMU DISTRICT, A.P. ...RESPONDENT(S); Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the 2 High Court may be pleased to pleased to issue a Writ, order or a direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the Dispossession/ Eviction Notice in Rc. No. B/321 /2025 dt. No. B/321 /2025 dt. 26-07-2025 issued by the 4th respondent threatening the petitioner to vacate from the petitioners asbestos sheet house in an extent of Ac.O-00.75 cents out of Ac.2-54 cents which is classified as Vanka in Sy. No. 94 of Ananthapuramu rural Village, Ananthapuramu Urban Mandal and District within 7 days else the 4th respondent would demolish the petitioners house while forcefully evicting the petitioner from his house and to declare the action of the respondents in interfering with the petitioners peaceful possession and enjoyment over the asbestos sheet house and site in an original extent of Ac.0-06 cents or 294 yards situated in Sy. No. 94 of Ananthapuramu Municipal Corporation and District and in dispossessing the petitioner from his house and site, as illegal, arbitrary without following procedure established by law and violation of principles of natural justice and also Articles 14, 21 and 300-A of the Constitution of India and to set aside the same, and consequently to direct the respondents not to interfere with the petitioners peaceful possession and enjoyment over the asbestos sheet house and site in an original extent of Ac.0-06 cents or 294 yards situated in Sy. No. 94 of Ananthapuramu Municipal Corporation and District and not to dispossess the petitioner from his house and site and to pass 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 to suspend the Dispossession/ 3 \ /2025 dt. 26-07-2025 issued by to vacate from the Eviction Notice in Rc. No. B/321 the 4*^ respondent threatening the petitioner petitioner s asbestos sheet house in an extent of Ac.0-00.75 cents out of Ac.2-54 cents which isis classified as "Vanka" in Sy. No. 94 Urban Mandal rural Village, Ananthapuramu direct the respondents not to of Ananthapuramu & District, and consequently to peaceful possession and enjoyment original extent of Sy. No. 94 of & District and not to interfere with the petitioner s the asbestos sheet house & site in an over Ac.0-06 cents or Ananthapuramu dispossess the petitioner from his house the Reply /Objections dt. 30-07-2025 sent by this petitioner to R.1 pending disposal of the Writ petition and pass 294 yards situated in Municipal Corporation and site and to consider to R.4, Counsel for the Petitioner; 1.CH NAGENDRAMU Counsel for the Respondent(S); 1.POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2.GP FOR REVENUE 3 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21444 of 2025 ORDER; The Writ Petition is filed under Article 226 of the Constitution of India for the following relief; ...pleased to issue any Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the Dispossession/ Eviction Notice in Rc.No.B/321/2025 dt 26072025 issued by the 4th respondent threatening the petitioner to vacate from the petitioners asbestos sheet house extent of Ac.0.75 cents out of Ac 254 cents which is in an classified as Vanka in Sy No 94 of Ananthapuramu rural Village Ananthapuramu Urban Mandal and District within 7 days else the 4th respondent would demolish the petitioners house while forcefully evicting the petitioner from his house and to declare the action of the respondents in interfering with the petitioners peaceful possession and enjoyment over the asbestos sheet house and site in an original extent of Ac 006 cents or 294 yards situated in Sy No 94 of Ananthapuramu Municipal Corporation and District and in dispossessing the petitioner from his house and site as illegal arbitrary without following procedure established by law and violation of principles of natural justice and also Articles 14 21 and 300A of the of India and to set aside the same and Constitution consequently to direct the respondents not to interfere with the petitioners peaceful possession and enjoyment over the asbestos sheet house and site in an original extent of Ac 006 cents or 294 yards situated in Sy No 94 of Ananthapuramu Municipal Corporation and District and not to dispossess the petitioner from his house and site and thereafter pass such other order or orders. 2. Aggrieved by the notice dated 26.07.2025. issued by the 4^'' Respondent under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, the present Writ Petition is filed on the ground that the petitioner has purchased the land ad-measuring Ac.0.06 Cents or 294 yards situated in Sy.No.94 of Ananthapuramu Municipal Corporation & District under the alleged sale consideration bonafidely and constructed a shed in the subject land to which the Electricity Department has given electricity connection to the said shed. Learned counsel for the petitioner would submit that petitioner is in peaceful possession and enjoyment of the subject land. While the matter stood thus, the impugned Notice dated 26.07.2025 was issued by the 4*^ respondent under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and the petitioner submitted his detailed explanation on 30.07.2025 to the respondent authorities, which is pending with the respondent authorities and without addressing the petitioner’s explanation, respondent authorities are trying to dispossess the petitioner from the schedule land. 3. 5 4. Learned Additional Government Pleader would submit that the notice was issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and the respondent Thasildar will consider the explanation offered by the petitioner. Unless an order is passed under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, dispossession does not arise. Hence requested this Court to pass appropriate order. The procedure contemplated under Section 6 of the Act, to 5. hold a summary inquiry into the facts of the case, means not to evict forcibly without taking into consideration and explanation offered by the encroachers. To fortify the said contention, this Court places reliance of the judgment of the common High Court of Andhra Pradesh in the case of Pre. Jothi Education Society vs. Secretary, Major lrrigation\ The Division Bench of the High Court held in the following; “Since the respondents passed the order under Section 6 of the Encroachment Act on 28.04.2001 without considering the objections of the petitioner, in order to meet the ends of justice, the order passed by the respondents under Section 6 of the Encroachment Act on 28.04.2001 has to be set aside and we do so. Since, we have held that the notice dated 18.04.2001 have not been considered, we permit the respondents to pass ^ 2002{6)ALD83A 6 . r* appropriate order in the light of the objections filed 30.04.2001 by the petitioner according to law, Pending respondents as directed by us, no coercive steps shall be taken against the petitioner by the respondents. ” After hearing both learned on to the sec. 7 notice. a decision by the 6. counsel for the petitioner and the above referred present facts of the case. learned Additional Government Pleader, judgment is squarely applicable to the 7. Without going into the merits of the are directed to consider the 30.07.2025 and pass appropriate orders law and communicate the said decision within a period of six (06) weeks from the case, the respondents petitioner’s explanation dated , in accordance with the to the petitioner herein, date of receipt of copy of this Order. Till such time, the respondent authorities are directed not to take herein with respect to the subject property. any coercive steps against the petitioner 8. Accordingly, this Writ Petition is disposed of. No order as to costs. As a sequel, interlocutory applications, if any pending shall stand closed. Sd/- m. SRIhs'V.AS ASSISTANT REGISTRAR // //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District, A.P. f-' 2. The District Collector, Ananthapuramu District, Ananthapuramu, A.P. 3. The Municipal Commissioner, Ananthapuramu Municipal Corporation, Ananthapuramu District, A.P. 4. The Tahsildar, Ananthapuramu Urban Mandal, Ananthapuramu District, A.P. 5. One CC to Sri Ch. Nagendramu, Advocate [OPUC] 6. One CC to Sri Potham Vengala Reddy, SC for Municipal Corporations[OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb ^7^ HIGH COURT DATED:28/08/2025 ORDER WP No. 21444 OF 2025 & irrtt fco • g( 12 SEP 2025 c5^ urrent DISPOSING OF THE W.P. WITHOUT COSTS