APHC010448392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 22765/2025 Between: 1. G DEVENDRAPPA, S/O LATE G. RANGANAYAKULU, AGED ABOUT 71 YEARS, OCC BUSINESS, R/O. 20-32, HANUMESH NAGAR, GUNTAKAL, ANANTAPUR DISTRICT-515801. 2. . SMT.G.DEVI, W/O.G.DEVENDRAPPA, AGED ABOUT 62 YEARS, OCC BUSINESS, R/O. 20-32, HANUMESH NAGAR, GUNTAKAL, ANANTAPUR DISTRICT-515801. 3. SMT.HARITHA DEEPTHI, W/O.ASHOK KUMAR AGED ABOUT 44 YEARS, OCC BUSINESS, R/O. 20-32, HANUMESH NAGAR, GUNTAKAL, ANANTAPUR DISTRICT-515801. 4. SRI E.SEERISHA ANNAPURNA,, W/O.VIJAY KUMAR AGED ABOUT 39 YEARS, OCC BUSINESS, R/O. 20-32, HANUMESH NAGAR, GUNTAKAL, ANANTAPUR DISTRICT-515801. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTAPUR DISTRICT, A.P. 3. THE REVENUE DIVISIONAL OFFICER, GUNTAKAL MANDAL, GUNTAKAL 4. THE TAHSILDAR, GUNTAKAL MANDAL, ANANTAPUR DISTRICT, A.P 5. THE GUNTAKAL MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER GUNTAKAL ANANTAPURAM 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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of the 4th Respondent in passing impugned order vide Rc.382/2024 dt.18.08.2025 and the consequential action of issuing 2 impugned Notice vide Rc.No.382/2024 dated.23.08.2025 U/s.6 and 7 of A.P Land Encroachment Act, 1905 respectively rejecting the Petitioners Objections dated 15.04.2025 directing the Petitioners herein to remove the construction situated in Sy.No.424-B, 412/2, at Hanuman Circle Street/ colony, Alur Road, Guntakal Municipality of Anantapur District, A.P, without sending the Pattas/Original Possession Certificates to the Forensic Science Laboratory (FSL) for comparison by considering the Petitioners objections dt.15.04.2025 in toto, as wholly illegal, arbitrary, unjust, untenable, contrary to principles of Natural Justice, contrary to the final order dt.18.03.2025 passed in W.P No.6886 of 2025 by this Hon’ble Court, besides being violative of Article 14, 21 and 300-A of Constitution of India and consequently set- aside the impugned order vide Rc.382/2024 dt. 18.08.2025 and impugned Notice vide Rc.No.382/2024 dated.23.08.2025 issued by the 4th Respondent and 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 to direct the 3th & 4th Respondents herein not to dispossess the Petitioners from the land situated in Sy.No.424-B of Hanuman Circle Street/colony, Alur Road, Guntakal Municipality, Anantapur District, A.P in pursuance to the impugned order vide Rc.382/2024 dt.18.08.2025 and impugned Notice vide Rc.No.382/2024 dated.23.08.2025 issued by the 4th respondent and pass IA NO: 2 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 impugned order vide Rc.382/2024 dt. 18.08.2025 and impugned Notice vide Rc.No.382/2024 dated 23.08.2025 issued by the 4th respondent and to pass Counsel for the Petitioner(S): 1. N SAI PHANINDRA KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 22765 of 2025 ORDER: Questioning the impugned notice, dated 23.08.2025 issued under Section 6 of the A.P.Land Encroachment Act, 1908, by the 4th respondent, the present writ petition is filed. 2. On entire reading of the affidavit filed in support of the writ petition, the issue in the present writ petition pertains to the A.P Land Encroachment Act 1905. 3. The petitioners assert that they are the rightful owners and possessors of Ac.0.78 cents of land in Survey No. 424 A/3, located in Hanuman Circle Street/Colony, Alur Road, Guntakal Municipality. They purchased the said land from their vendors on 09.08.1981, through a registered Sale Deed Document No. 402/1981 registered in the Sub- Registrar’s Office in Guntakal. The petitioners state that they have possessed the subject property without any interference from others, including the respondents in this writ petition. Adjacent to the petitioners' land there is government land ad-measuring Ac.0.14 cents in Survey No. 424/B and additional Ac.0.02 cents in Survey No. 412/2, totaling Ac.0.16 cents. The said Government land is used by the petitioners for ingress and egress (access) to their property and the same is also in their possession, as well as that of their vendors. The 1st petitioner has established a petrol bunk on Ac.0.44 cents and the 4 rest of the land is presently vacant. The petitioners have submitted an application for assignment or allocation of the unused Government land. Following the survey report by the Mandal Surveyor, the 4th respondent/Tahsildar of Guntakal, issued Pattas (land grants) numbered H.S.Dis/B/1142, H.S.Dis/B/1143/2021, H.S.Dis/B/1144/ 2021, H.S.Dis/B/1145/2021 and H.S.Dis/B/1146/2021 dated 04.01.2021, granting a total of Ac.7.5 cents in favour of the petitioners. 4. The petitioners allege that after their land was allotted to them, the 4th respondent issued notices to vacate, claiming they had encroached on Government land in Survey No. 424/B. The affidavit submitted in support of the writ petition indicates that there have been exchanges of notices and replies, as well as filing of writ petitions before this Hon’ble Court and statutory appeals under the Land Encroachment Act by the petitioners. The respondents assert that no pattas were issued to the petitioners. Conversely, the petitioners argue that the 4th respondent conducted a survey and issued a document/order, prompting them to request that the documents be sent to the Forensic Science Laboratory (FSL) for expert analysis to ascertain whether the patta granted to them is fraudulent. 5. The 4th respondent/Executive Magistrate-cum-Tahsildar, issued proceedings in R.C. No: 382/2024 dated 18.08.2025 following a notice under Section 7 of the Land Encroachment Act 1905, directing the petitioners to vacate and hand over the subject land to the Revenue 5 Department. In the event of non-compliance, action for forcible eviction may be taken under Section 6 of the Act, with applicable penalties as per law. This order has been challenged in the present writ petition on several grounds. The Court is not inclined to examine the merits of the case, as learned Senior Counsel Sri N. Subbarao suggests that a comprehensive suit is necessary for resolution of the dispute. A notice under Section 80 CPC was issued to the respondents on 30.06.2025 as required under law to file suit against the Government, and a request was made to protect the interests of the petitioners until then. It is further contention of the petitioners that they have had long possession and presumption that possession follows title of the property, hence a request was made to protect the interests of the petitioners till the filing of the suit. 6. As the petitioners intend to file a civil suit to resolve the dispute with the Government, and as this issue must be decided by the competent Civil Court, this Court is inclined to dispose of this writ petition at the admission stage by directing the petitioners to approach the competent jurisdictional Civil Court for a declaration of title. Since there is a threat of demolition of the subject property, the respondents are hereby directed not to take any coercive steps against the subject property for a period of six weeks from the date of receipt of the order. Meanwhile, the petitioners are advised to file the civil suit. 6 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 29.08.2025 SPP 7 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 22765 OF 2025 Date: 29.08.2025 SPP