APHC010434882025 IN THE HIGH COURT OF ANDHRA PRA AT AMARAVATI A (Special Original Jurisdiction)^. WEDNESDAY, THE TWENTIETH DAY OF AU TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 22051 OF 2025 Between: I.M.Ratnamma W/o M.Srinivas Aged about 50 years R/o Cheekavolu Village Saidapurarn Mandal, SPSR Nellore District-AP 2.Panirasa Vajramma D/o Malli Narasaiah Aged about 66 years R/o Cheekavolu Village Saidapurarn Mandal, SPSR Nellore District-AP 3.Malli Ankamma D/o Kotamaraiah Aged 30 years R/o Cheekavolu Village Saidapurarn Mandal, SPSR Nellore District-AP 4.Mekala Ankamma W/o M.Venkataiah Aged about 46 years R/o Cheekavolu Village Saidapurarn Mandal, SPSR Nellore District-AP 5.N Ramanamma W/o M Venkataiah Aged about 60 years, R/o Cheekavolu Village Saidapurarn Mandal, SPSR Nellore District-AP 6. Senaga Nnrayana S/o Ramanaiah Aged about 37 years, R/o Cheekavolu Village Saidapurarn Mandal, SPSR Nellore District-AP y.Ravur Ankaiah S/o Vemaiah Aged about 64 years, R/o Cheekavolu Village Saidapurarn Mandal, SPSR Nellore District-AP O.Rapur Narasimhulu S/o Ramanaiah Aged about 38 years, R/o Cheekavolu Village Saidapurarn Mandal, SF^SR Nellore District-AP O.S.Chenchamma D/o Ramanaiah Aged about 55 years, R/o Cheekavolu Village Saidapurarn Mandal, SPSR Nellore District-AP /■ 10.M Polamma W/o Chenchu Krishnaiah Aged about 32 years, R/o Cheekavolu Village SaidapuramMandal, SPSR Nellore District-AP 11.Cheekavolu Srilekha D/o Chinnabbaiah Aged about years, R/o Cheekavolu Village Saidapuram Mandal, SPSR Nellore District-AP 12.S.Venkateswarlu S/o Venkataiah Aged about 36 years, R/o Cheekavolu Village Saidapuram Mandal, SPSR Nellore District-AP IS.Sanaga Ramanaiah S/o Polaiah Aged about 70 years, R/o Cheekavolu Village Saidapuram Mandal, SPSR Nellore District-AP 14.Tadiboina Eswaramma W/o Subramanyam Aged about 37 years. R/o Cheekavolu Village Saidapuram iviandal, SPSR Nellore District-AP IS.Sareddy Subramanyam S/o Venkataiah Aged about 41 years, R/o Cheekavolu Village Saidapuram Mandal, SPSR Nellore District-AP 16.K.Chinnnaiah S/o Venkaiah Aged about 45 years, R/o Cheekavolu Village Saidapuram Mandal, SPSR Nellore District-AP 17.R.Ramesh S/o Seenaiah Aged about 33 years, R/o Cheekavolu Village Saidapuram Mandal, SPSR Nellore District-AP ...Petitioners AND 1. The State of Andhra Pradesh Rep by its Principal Secretary, Revenue Department A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, AP. 2. The Commissioner of land Administration Vidya Bhavan, Opp: DGP Office Mangalagir, Guntur, Guntur District. AP. 3. The District Collector SPSR Nellore District AP 4. The Tahsildar Saidapuram Mandal, SPSR Netlore District. AP 5. The Village Revenue officer Cheekavolu Village, Saidapuram Mandal SPSR Nellore District AP ...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 appropriate Writ, Order or Direction, more in the nature of WRIT OF MANDAMUS declaring the action of the respondents particularly R4 is in violation of Articles 14, 21, and 30 of the Constitution of India highhanded, illegal and arbitrary in issuing eviction notice vide Rc.A.265/2019 dated 14.08.2025 served on 15.08.2025 under section 7 of the Land Encroachment Act ill 1905 without considering our representation to R4 dated 06.08.2025 as not to evict us from our residences bearing plot No 102 in Sy.No.307-2B situated at Cheekavolu Village, Saidapuram Mandal, SPSR Nellore for 2ND petitioner was assigned plot No 50, for 3RDpetitioner was assigned plot No.105 and 1l'^ petitioner was allotted plot No. 108 in the same Sy.No.307-2B and the petitioners/encroaches mentioned in the eviction notice vide Rc.A.265/2019 dated 14.08.2025 issued by R4 and consequently by setting aside the impugned eviction notice vide Rc.A.265/2019 issued by R4 Under Section 7 of the Land Encroachment Act 1905 dated 14.08.2025 served on 15.08.2025. 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 direct the respondents particularly R4 as not to evict us from our residences .situated at cheekavolu Village, Saidapuram Mandal, SPSR Nellore District in Sy.307-2B by suspend impugned eviction notice issued by R4 vide Rc.A.265/2019 dated 14.08.2025 served on 15.08.2025 under section 7 of Land Encroachment Act 1905 in the interest justice otherwise we will be thrown the street pending disposal of the Writ Petition. Counsel for the Petitioner: SMT. Counsel for the Petitioner: SMT. V. SANTHISREE Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010434882025 i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22051/2025 Between: 1.M RATNAMMA, W/O M.SRINIVAS AGED ABOUT 50 YEARS R/0 CHEEKAVOLU VILLAGE SAIDAPURAM MANDAL, SPSR NELLORE DISTRICT-AP ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP. A.P. SECRETARIAT, 2.THE COMMISSIONER OF LAND ADMINISTRATION VIDYA BHAVAN, OPP DGP OFFICE MANGALAGIR, GUNTUR, GUNTUR DISTRICT, AP. 3 3.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AP SPSR NELLORE 4.THE TAHSILDAR, SAIDAPURAM MANDAL, DISTRICT. AP 5.THE VILLAGE REVENUE OFFICER, CHEEKAVOLU VILLAGE, SAIDAPURAM MANDAL SPSR NELLORE DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.VSANTHISREE Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22051/2025 ORDER: - This Writ Petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more in the nature of Writ of Mandamus declaring the action of the respondents particularly R4 Is in violation of Article 14, and 30 of the Constitution of India highhanded, illegal and arbitrary in issuing eviction notice vide Rc.A.265/2019 dated 14.08.2025 served on 15.08.2025 under section 7 of the Land Encroachment Act III 1905 without considering our representation to R4 dated 06.08.2025 as not to residences bearing plot No 102 in Sy.No.307-2B 21, evict us from our situated at Cheekavolu Village, Saidapuram Mandal, SPSR Nellore for 2nd petitioner was assigned plot No 50, for 3rd petitioner was assigned plot No.105 and 11th petitioner was allotted plot No. 108 in the same Sy No 307-2B and the petitioners/encroaches mentioned In the eviction notice vide Rc.A.265/2019 dated 14.08.2025 issued by R4 and conseguently by setting aside the impugned eviction notice vide Rc A 265/2019 issued by R4 Under Section 7 of the Land Encroachment Act 1905 dated 14.08.2025 served on 15.08.2025 and pass order or such other orders deems ift and proper in the interest of justice" 2. Assailing the notice dated 14,08.2025 vide Rc.A.265 of 2019 issued under section 7 of the Andhra Pradesh Land Encroachment Act, 1905 by the 4“^ respondent, the present writ petition is filed on the ground that they are not and the authorities issued DKT Pattas in favour of the to set aside the impugned notice dated 14.08.2025. the encroachers petitioners and prays procedure contemplate under Section 6 of the Act, to hold a means not to evict forcibly without 3. The summary inquiry into the facts of the case consideration the explanation offered by the encroachers. To taking into fortify the said contention this court places reliance of the judgment of the Division Bench of the common High Court of Andhra Pradesh in the case of Pre. Jothi Education Society Vs Secretary, Major Irrigation^ wherein it was held that: "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. 1 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." Without going into the merits of the case, this Court is inclined to 4. dispose of the writ petition directing the petitioners herein to submit explanation to the impugned notice dated 14.08.2025 within a period of two (2) weeks from the date of receipt of the order. 5. The Division Bench of the Common High Court held that in order to meet ends of the justice considering objections is essential. Hence, in view of the said observation of the Division Bench of High Court, this Court is inclined to direct the petitioner herein to submit explanation to the impugned notice. On submitting such explanation, respondent No.4 is directed to examine the same in accordance with law and pass appropriate orders and convey the same to the petitioners. Till such time, respondents are directed not to take 6. any coercive steps against the petitioners’ property as the petitioners are stating that they have given DKT Pattas by the Authorities. 2002 (6) ALD 83 r With the above directions, this writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand 7. closed. Sd/- K TATA RAO deputy registrar //TRUE COPY// FICER SECtiO To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner of land Administration, Vidya Bhavan, Opp; DGP Office Mangalagir, Guntur, Guntur District, Andhra Pradesh. 3. The District Collector, SPSR Nellore District, Andhra Pradesh. 4. The Tahsildar, Saidapuram Mandal, SPSR Nellore District. Andhra Pradesh. 5. The Village Revenue Officer, Cheekavolu Village, Saidapuram Mandal SPSR Nellore District. 6. One CC to Smt. V.Santhisree, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. gi HIGH COURT DATED:20/08/2025 Of ORDER WP No.22051 OF 2025 - 11 SEP 2025 m . Current Section DISPOSING THE WRIT PETITION WITHOUT COSTS