APHC010430982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0^0 0i?:S TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21917 OF 2025 Between: 1. Janga Revathi, W/o B. Karunanakara Reddy Aged 63 years, Geddam Street, 7-84, Padmavatipuram, ZP High School Road, Tirupati (Rural), Chittoor District, Andhra Pradesh 2. AbhinayBhumana, , S/o B. Karunanakara Reddy Aged 38 years, Geddam Street, 7-84, Padmavatipuram, ZP High School Road, Tirupati (Rural), Chittoor District, Andhra Pradesh ...Petitioners AND 1.The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravati Guntur District, Andhra Pradesh 2. The District Collector, Tirupathi District, Tirupati. 3. The Revenue Divisional Officer, Tirupathi Revenue Division, Tirupathi District. 4. The Tahsildar, Tirupati (Rural) Mandal, Tirupathi 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 an order or director more particularly in the nature of writ of mandamus declaring the proceedings dt.11.08.2025 vide R.O.C.B/39/2025 passed by the 4th respondent as illegal, arbitrary and without jurisdiction and consequently declare proceeding dt. 11-08-2025 as illegal. 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 grant interim stay of all further proceedings vide impugned proceedings dt.11.08.2025 vide R.O.C.B/39/202^passed by the 4TH respondent pending disposal of the writ petition. / Counsel for the Petitioners: SRI UDAY KUMAR VAMPUGADAVALA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010430982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 21917/2025 Between: 1.JANGA REVATHl, W/0 B. KARUNANAKARA REDDY AGED 63 YEARS, GEDDAM STREET, 7-84, PADMAVATIPURAM, ZP HIGH SCHOOL ROAD, TIRUPATI (RURAL), CHITTOOR DISTRICT, ANDHRA PRADESH 2.ABHINAYBHUMANA, , S/0 B. KARUNANAKARA REDDY AGED 38 YEARS, GEDDAM STREET, 7-84, PADMAVATIPURAM, ZP HIGH SCHOOL ROAD, TIRUPATI (RURAL), CHITTOOR DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1.THE STATE OF AP, THE STATE OF A REP.BY ITS PRINCIPAL REVENUE DEPARTMENT, AMARAVATI A.R SECRETARIAT, GUNTUR DISTRICT, ANDHRA SECRETARY VELAGAPUDI PRADESH 2.THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, TIRUPATI. 3.THE REVENUE DIVISIONAL OFFICER, TIRUPATHI REVENUE DIVISION, TIRUPATHI DISTRICT. 4.THE TAHSILDAR, TIRUPATI (RURAL) MANUAL, TIRUPATHI 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 an order or director more particularly in the nature of writ of mandamus declaring the proceedings dt.11.08.2025 vide R.O.C.B/39/2025 passed by the 4th respondent as illegal, arbitrary and without jurisdiction consequently declare proceeding dt. 11-08-2025 as illegal and pass lA NO: 1 OF 2025 and 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 grant interim stay of all further proceedings vide impugned proceedings dt.11.08.2025 vide R.O.C.B/39/2025 passed by the 4TH respondent pending disposal of the writ petition. Counsel for the Petitioner(S): 1. UDAY KUMAR VAMPUGADAVALA Counsel for the Respondent(S); 1.GP FOR REVENUE "4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.21917 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...issue an order or director more particularly in the nature of writ of mandamus declaring the proceedings dt. 11.08.2025 vide R.O.C.B/39/2025 passed by the 4th respondent as illegal, arbitrary and without jurisdiction and consequently declare proceeding dt. 11- 08-2025 as illegal and pass such other order or orders...” It is the argument of learned counsel for the petitioners that no show- 2. cause notice under Section 7 of the Andhra Pradesh Encroachment Act, 1908 (hereinafter referred to as ‘the Act’) was issued to the petitioners, prior to issuance of the impugned notice under Section 6 of the Act. Hence, the same is liable to be set aside. It is also the contention of learned counsel for the petitioners that the petitioners are in occupation of land to an extent of Ac.9.33 cents. Except for bald recital, Sy.No.479 is classified as ‘river poramboke’ with total extent of Ac.436.18 cents. Learned Senior Counsel has relied on the order in W.P.No.19502 of 3. 2013, dated 29.07.2013, the relevant portion of the order is extracted hereunder for proper adjudication: “A person in possession of the Government land is liable to be evicted under the provisions of the Act. The Act has laid down the procedure for evicting such person. As a first step towards this direction, a show- cause notice under Section 7 of the Act requires to be given to the person in occupation of the land. After receiving the notice, an order needs to be passed under Section 6 of the Act. If the competent authority is satisfied that the person in possession of the land Is liable to the evicted, he has to Issue a notice in the prescribed form. Though the provision of Section 6 of the Act do not in express terms enjoin on the competent authority to pass a speaking order, the very fact that Section 7 of the Act envisages a show-cause notice presupposes that the competent authority has to deal with the explanation/objections filed by the person In possession of the land. Unless a reasoned order is passed, the person in occupation of the land does not know as to why an order of eviction is passed against him. Further, an appeal under Section 10 of the Act is envisaged by the Act. Unless the order contains reasons, the appellate authority will not be in a position to examine the validity or otherwise of the order and decide the appeal. ” Learned Assistant Government Pleader has furnished the 4. correspondence addressed by the Tahsildar, Tirupati Rural, dated 19.08.2025. Para No. 11 of the said correspondence is extracted hereunder: “It is noticed that the present writ petitioner has raised structures recently in the Sy.No.479 of Tiruchanur Village of Tirupati Rural Mandal. Accordingly, the Tahsildar, Tirupati Rural has issued Form-7 Notices under Section 7 of AP Land Encroachment Act, 1905 on 20.07.2025 vide O/o Tahsildar, Tirupati Rural Roc.A/39/2025 dated:07.08.2025 and given 15 days of sufficient time to appear in person to submit their written explanation and the said notices were published at the structures and other conspicuous places of the said village. But the writ petitioners were called absent and have not appeared before the Tahsildar, Tirupati Rural to submit their explanation though ample opportunity was provided to them. Further, Form-6 Notices have been issued under Section 6 of AP Land Encroachment Act III of 1905 vide O/o Tahsildar, Tirupati Rural Roc./\/39/2025 dated:11.08.2025 and the said notices were published at the structures and other conspicuous places of the said village. Copies are enclosed for kind perusal of the Flon’ble Fligh Court.” 5. The procedure contemplated under Section 6 of the Act, to hold a summary inquiry into the facts of the case, means not to evict forcibly without taking into consideration the 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 \/s Secretary, Major lrrigation\ A division of the high court held in the following: V “Since the respondents passed the order under Section 6 of the Encroachment Act on 28.4.2001 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 28.4.2001 has to be set aside and we do so. Since we have held that the notice dated 18.4.2001 issued by the respondents under Section 7 of the Encroachment Act is a proper notice and the objections filed by the petitioner on 30.4.2001 have not been considered, we permit the respondents to pass appropriate order in the light of the objections filed on 30.4.2001 by the petitioner to the Sec. 7 notice, according to law. Pending a decision by the respondents as directed by us, no coercive steps shall be taken against the petitioner by the respondents.” ‘x The Court has determined that it is appropriate to consider the Writ 6. Petition at the admission stage with the consent of both parties. The petitioner is hereby directed to submit an explanation to the notice dated 11.08.2025 within two weeks of receiving this order. Following the submission of the th respondent-Tahsildar, is required to examine it in accordance with the law and communicate the decision to the petitioner within explanation, the 4 four weeks thereafter. 2002 (6) ALD 83 6. With the above observation, 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. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OPFlfeFR To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh The District Collector, Tirupathi District, Tirupati. The Revenue Divisional Officer, Tirupathi Revenue Division, Tirupathi District. The Tahsildar, Tirupati (Rural) Mandal, Tirupathi District. One CC to Sri Uday Kumar Vampugadavala, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. 6. 7. RAM HIGH COURT DATED: 19/08/2025 2 SEP 2075 ir ^^^rrentS«clitK^ a , x> rf'.: rf' ORDER WP NO. 21917 OF 2025 O’ DISPOSING OF THE WP WITHOUT COSTS