APHC010482422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24499/2025 Between: 1. SMT. K. SARASWATHAMMA,, W/O LATE P. NARAYANA, AGED ABOUT 79 YEARS, R/O 3-145-8-A-14, PRASANTH NAGAR, MADANAPALLE, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE. 4. THE TAHSILDAR, MADANAPALLE MANDAL, ANNAMAYYA 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 appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, vide Roc.No.A/100/2025, dated 25.08.2025, in respect of the petitioner's land admeasuring 4275 sq. ft., situated in Survey No. 11/IB, Madanapalle, Annamayya District, as illegal, arbitrary, 2 unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the same 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 suspend the operation of the impugned notice Roc No.A/100/2025, dated 25.08.2025, issued by the 4th respondent under Section 7 of the A.P. Land Encroachment Act, 1905, thereby restrain the respondents from taking any coercive steps including demolition or dispossession of the petitioner's land land admeasuring 4275 sq. ft., situated in Survey No.11/1B, Madanapalle, Annamayya District, pending disposal of the above writ petition Counsel for the Petitioner: 1. P SUBASH Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24499/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, vide Roc.No.A/100/2025, dated 25.08.2025, in respect of the petitioner's land admeasuring 4275 sq. ft., situated in Survey No.11/1B, Madanapalle, Annamayya District, as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the same and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of 4275 Sq. Feet in Sy.No.11/1B, Basinikonda Village, Madanapalle Mandal, Chittoor District. While so, recognizing the title of the petitioner pursuant to the acquisition proceedings, the petitioner was granted an award in respect of the land admeasuring to an extent of 30.3525 Sq. Meters out of total land in Sy.No.11/1B2B of Basinikonda Village. In the award, the respondents also granted structural value apart from the land value. Therefore, it indicates that the petitioner has been in possession of 4 the house property at the subject land. He further submits that even in the year 2018, the part of the land admeasuring to an extent of 60.71 sq. Meters out of the subject land was acquired by the respondents, and the petitioner was paid compensation. Therefore, the petitioner was admitted/recognied as owner of the subject property. If that is so, contrary to the said admission on the part of the respondents, now the 4th respondent issued notice dated 25.08.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that the petitioner had encroached an extent of Ac.0.02 cents in Sy.No.11/1B21, Basinikonda Village. For which, the petitioner submitted a detailed explanation on 02.09.2025 narrating the total extent of land acquired by the respondents. Without considering the explanation submitted by the petitioner pursuant to the notice dated 25.08.2025, the respondents resorted to demolish the property of the petitioner is illegal, arbitrary and contrary to their own proceedings. Hence, the Writ Petition. 4. Learned counsel for the petitioner also relied upon the order passed by this Court in W.P.No.17934 of 2020, wherein the respondents are directed not to dispossess the petitioner from the subject lands and not to take any coercive steps to remove the alleged encroachments till the expiry of the time stipulated for filing a statutory Appeal and pleaded that the petitioner can be permitted to 5 file statutory Appeal under Section 10 of the A.P. Encroachment Act, 1905. 5. On the other hand, learned Government Pleader for the respondents submits that since it is a notice under Section 7 of the A.P. Land Encroachment Act, 1905 and the petitioner submitted his explanation on 02.09.2025, the respondents will consider the same and pass appropriate orders as per the provisions of the A.P. Land Encroachment Act, 1905. Without passing the final orders under Section 6 of the Act, 1905, the respondents would not venture to interfere with the possession of the property of the petitioner. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it appears that the petitioner is the owner and possessor of the subject property i.e., 4275 Sq. Feet in Sy.No.11/1B, Basinikonda Village as admitted by way of award passed by the respondents, who acquired the portion of subject property on behalf of the National High Ways Authority of India. The 4th respondent while alleging that the petitioner has encroached the land admeasuring to an extent of Ac.0.02 cents of RCC road, it should be indicated whether it is part of the acquired land or other road margin vested with the respondents/Government. However, since the petitioner submitted a detailed explanation, the same shall be considered by the respondents in accordance with the provisions of the Act, 1905. 6 Therefore, the 4th respondent is directed to consider the explanation submitted by the petitioner and pass a speaking order with reference to provisions of the A.P. Land Encroachment Act, 1905, within a period of four(4) weeks from the date of receipt of copy of this Order. Further, the respondents are hereby restrained from interfering with the possession and enjoyment of the property of the petitioner, till the date of passing a speaking order and also period of limitation as permitted for preferring statutory appeal as prayed by the petitioner. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1122..0099..22002255 TTPPSS 7 491 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:24499 of 2025 1122..0099..22002255 TTPPSS