APHC010409482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE " PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21013 OF 2025 Between: Mandepudi Venkata Rao, S/o.Venkata Ratnam, aged about 76 years, R/o. H.No. 1-75/6, Yetapaka Village and Mandal, Alluri Sitharama Raju District, (Erstwhile West Godavari), Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Guntur District, Andhra Pradesh. The District Collector, Paderu, Alluri Sitharama Raju District, (Erstwhile West Godavari),Andhra Pradesh. The Tahsildar, Yetapaka Mandal, Alluri Sitharama Raju District, (Erstwhile West Godavari), Andhra Pradesh. 2. 3. ...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 an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the impugned Eviction Notice Ref. A/349/2025 dated 06.05.2025 under Section 7 of A.P. Land Encroachment Act, 1905, in respect of an extent of Ac. 0.20 cents in Sy.No. 156/3 of Yetapaka Village and Mandal, Alluri Seetharamaraju District, disregarding the petitioner’s title and 56 years of possession, on the false ground that the petitioner has encroached Ac.0.69 cents in Sy.No. 156/4 of Yetapaka Village and Mandal, Alluri Sitharamaraju District, for being illegal, arbitrary, without jurisdiction, against the catena judgments of the Hon’ble High Court and the Hon'ble Supreme Court of India, specifically as against the judgment in Pranav Oil Processing Industry Pvt. Ltd., Hyderabad vs. State of Andhra Pradesh and others, reported as 2021 (6) ALD 136 (TS), devoid of principles of natural justice and unconstitutional and consequently set aside the Eviction Notice of the 3rd respondent Ref. A/349/2025 dated 06.05.2025 under Section 7 of A.P. Land Encroachment Act, 1905.-- 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 stay all further proceedings pursuant to the Eviction Notice of the 3rd respondent Ref. A/349/2025 dated 06.05.2025 under Section 7 of A.P. Land Encroachment Act, 1905, pending disposal of the Writ Petition.^ Counsel for the Petitioner: SRI VINOD KUMAR PEMMASANI ^ Counsel for the Respondents: GP FOR REVENUE The Court made the following order: & APHC010409482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r [3330] I*’ MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21013/2025 Between: 1.MANDEPUDI VENKATA RAO, S/O.VENKATA RATNAM AGED ABOUT 76 YEARS, R/0. H.NO. 1-75/6, YETAPAKA VILLAGE AND MANDAL, ALLURI SITHARAMA RAJU DISTRICT, (ERSTWHILE WEST GODAVARI), ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, PADERU, ALLURI SITHARAMA RAJU DISTRICT, (ERSTWHILE WEST GODAVARI),ANDHRA PRADESH. 3.THE TAHSILDAR, YETAPAKA MANDAL. ALLURI SITHARAMA RAJU DISTRICT, (ERSTWHILE WEST GODAVARI), ANDHRA PRADESH. ...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 an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 3RD respondent in issuing the impugned Eviction Notice Ref. A/349/2025 dated 06.05.2025 under Section 7 of A.P. Land Encroachment Act,1905, in respect of an extent of Ac. 0.20 cents in Sy.No. 156/3 of Yetapaka Village and Seetharamaraju District, disregarding the petitioners title Mandal, Alluri and 56 years of 2 possession, on the false ground that the petitioner has encroached Ac.0.69 cents in Sy.No.156/4 of Yetapaka Village and Mandal, Alluri Sitharamaraju District, for being illegal, arbitrary, without jurisdiction, against the catena judgments of the Honble High Court and the Hon’ble Supreme Court of India, specifically as against the judgment in Pranav Oil Processing Industry Pvt. Ltd., Hyderabad vs. State of Andhra Pradesh and others, reported as 2021 (6) ALD 136 (TS), devoid of principles of natural justice and unconstitutional and consequently set aside the Eviction Notice of the 3RD respondent Ref. A/349/2025 dated 06.05.2025 under Section 7 of A.P. Land Encroachment Act, 1905, and 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 stay all further proceedings pursuant to the Eviction Notice of the 3RD respondent Ref. A/349/2025 dated 06.05.2025 under Section 7 of A.P. Land Encroachment Act,1905, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1.VINOD KUMAR PEMMASANI Counsel for the Respondent(S): 1.GP FOR REVENUE rv 3 THE HONOURABLE SR! JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 21013 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s;- “...to issue an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 3 respondent in issuing the impugned Eviction Notice Ref.A/349/2025 dated 06.05.2025 under Section 7 of A.P. Land Encroachment Act, 1905, in respect of an extent of Ac. 0.20 cents in Sy.No.156/3 of Yetapaka Village and Mandal, Alluri Seetharamaraju District, disregarding the petitioner’s title and 56 years of possession, on the false ground that the petitioner has encroached Ac.0.69 cents in Sy.No. 156/4 of Yetapaka Village and Mandal, Alluri Sitharamaraju District, for being illegal, arbitrary, without jurisdiction, against the catena judgments of the Hon’ble High Court and the Hon’ble Supreme Court of India, specifically as against the judgment in Pranav Oil Processing Industry Pvt. Ltd., Hyderabad vs. State of Andhra Pradesh and others, reported as 2021 (6) ALD 136 (TS), devoid of principles of natural justice and unconstitutional and consequently set aside the Eviction Notice of the 3'^'^ respondent Ref.A/349/2025 dated 06.05.2025 under Section 7 of A.P.Land Encroachment Act, 1905, and to pass such other order or orders...” The grievance of the petitioner is that the petitioner purchased the property from his vendor in the year 1969. Since then, he is in possession of the property. Now the 3'^ respondent issued the impugned show-cause notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, on rd 2. 06.05.2025, directing the petitioner herein to show cause either in person or in writing before the Tahsildar-3'^‘^ respondent why the petitioner should not be evicted from the Government Land and forfeiture of buildings, constructed in Sy.No.156/4. 4 3. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. Learned Assistant Government would submit that the petitioner may submit explanation to the show-cause notice dated 06.05.2025, on submitting the explanation to the show cause notice, the O'"* respondent will consider and will deliver appropriate orders in accordance with law. Petitioner may be directed to submit explanation within three (03) weeks from the date of receipt of this order. On receiving the explanation, the 3'^^ respondent will consider the same in accordance with law. 4. Accordingly, the Writ Petition is disposed of directing the petitioner herein to submit the explanation within three (03) weeks from the date of receipt of the order and the 3'^ respondent is hereby directed to consider the explanation submitted by the petitioner and pass appropriate orders in accordance with law and communicate the same to the petitioner. Till such time, the respondent authority shall not evict the petitioner from the subject land. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTER //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Thullur Mandal, Guntur District, Andhra Pradesh. 2. The District Collector, Paderu, Alluri Sitharama Raju District, (Erstwhile West Godavari),Andhra Pradesh. I 3. The Tahsildar, Yetapaka Mandal, Alluri Sitharama Raju District (Erstwhile West Godavari), Andhra Pradesh. 4. One CC to Sri Vinod Kumar Pemmasani Advocate [OPUC] 5. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 6. Two CD Copies t j TF HIGH COURT DATED:11/08/2025 ORDER WP NO. 21013 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS