APHC010408772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21055/2025 Between: 1. AKISETTI SANTHA KUMAR,, S/O. SIVA DHARMA RAO AGED ABOUT 46 YEARS, OCC- BUSINESS, R/O. D.NO.28-45/1, YNR COLONY, CHERUKUWADA VILLAGE, PENUGONDA MANDAL, WEST GODAVARI DISTRICT. 2. AKISETTI SRINIVASA RAO,, S/O. SIVA DHARMA RAO, AGED ABOUT 50 YEARS, OCC- BUSINESS, R/O. D.NO.26-253, YNR COLONY, CHERUKUWADA VILLAGE, PENUGONDA MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, NELAPADU VILLAGE AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 3. THE TAHSILDAR, PENUGONDA, WEST GODAVARI 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 Order or Direction or Writ more particularly one in the nature of Writ of Mandamus by declaring the notice dated 01.08.2025 2 issued by the 3rd respondent to remove the encroachments within 24 hours without following due process of law is arbitrary, illegal, in violation of principles of natural justice and contrary to the provisions of A.P. Land EncroachmentAct, 1905 and consequently to set aside the same and to 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 direct the respondents not to demolish tin sheet sheds erected in front of H.Nos.28-45/1 and H.No.26-253 situated in YNR Colony, Cherukuwada Village, Penugonda Gram Panchayat and Mandal, West Godavari District without following due process of law, pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. C PRAKASH REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 21055 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “…to issue an Order or Direction or Writ more particularly one in the nature of Writ of Mandamus by declaring the notice dated 01.08.2025 issued by the 3rd respondent to remove the encroachments within 24 hours without following due process of law is arbitrary, illegal, in violation of principles of natural justice and contrary to the provisions of A.P. Land Encroachment Act, 1905 and consequently to set aside the same and to pass and to pass such other order or orders…” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Learned counsel for the petitioner would submit that the present notice dated 01.08.2025 is issued under Section 6 of the Land Encroachment Act, 1905 (for brevity hereafter called as Act) directing the petitioner to remove the encroachments within twenty four hours, is without adhering the procedure as contemplated under the Act 1905, and no notice is issued under Section 7 as outlined in the Act and it is further contended that the respondents should have been given fair and reasonable time for such action to the petitioner, and prayed to set aside the notice dated 01.08.2025. 4. Learned Assistant Government Pleader fairly admitted that Section 7 notice, as required under the Act, was not issued and requested that this 4 Court may annul the contested notice and to direct the respondents to adhere to the procedures as outlined in the Act of 1905. 5. Accordingly, the impugned notice dated 01.08.2025 is hereby set aside remanded to the respondent authorities to follow the procedures as outlined in the Act of 1905 before directing the petitioner to remove encroachments. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 11.08.2025 SNI 5 139 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.21055 of 2025 Date: 11.08.2025 SNI