APHC010484672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •iv FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2461S OF 2025 Between: Smt. C. Lakshmi, W/o C.N. Rao, R/o D.No.7/222, 03 Nestles Colony Andhra Pradesh 530017 (Currently residing at 42 Lafayette Drive, Livingston, New Jersey 07039, United States of America Rep. by Apartments, East Point Colony, Visakhapatnam her GPA Holder Dr. Kadiyala Nageswararao) ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam, Visakhapatnam 3. The Joint Collector, Visakhapatnam, Visakhapatnam 4. The Special Deputy Collector, Steel Visakhapatnam, Visakhapatnam District. 5. The Tahsildar, Pedagantyada Mandal, District. Revenue District. District, plant Land Acquisition Office, Visakhapatnam, Visakhapatnam ...Respondents praying that in the the High Court may be pleased to issue a Writ more particularly in the nature of Mandamus against action of the S* respondent herein in issuing the eviction notice dated 08.09.2025 issued U/s 7 of the Andhra Pradesh Petition under Article 226 of the Constitutioh of India circumstances stated in the affidavit filed therewith (A.P.) Land Encroachment 4 Act, 1905 while the suit for declaration is pending in O.S No.22 of 2024 on the r <ffte^pf>the jHon’ble XIII Additional District Judge at Gajuwaka as illegal 'kpd in violative of Article 14 and . , 300-A of the Constitution of India F^^^^4®duently set aside the eviction notice dated 08.09.2025 issued U/s ^^l^^dhra Pradesh (A.P.) Land Encroachment Act, 1905. lA Nb. l"oF 2025 a 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 herein not to interfere with the peaceful possession of the petitioner in land admeasuring to a total extent of Ac. 4.50 cents wherein an extent of Ac 1.00 cent is covered by S.No.64/29 and an extent of Ac 3.50 cents is covered by S.No. 64/30 (Old Survey No. 64/1). Counsel for the Petitioner: SRI PATANJALI PAMIDIGHANTAM Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010484672025 IN THE HIGH COURT OF AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE present VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24fi1«/9n9i; AN SH W:- 4r [3329] ■Jl.-'iS the honourable SRI JUSTICE Between; states of AMERICA REP ESWARARAO) AT 42 NEW JERSEY 07039. UNITED BY HER GPA HOLDER DR . KADIYALA NA <0 ...petitioner AND TTHE STATE PE ANDHRA SECRETARY, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR DISTRICT. 3. THE JOINT COLLECTOR district. 4. THE SPECIAL DEPUTY ACQUISITION OFFICE district. ^ tahsildar, pedagantyada mandal VISAKHAPATNAM DISTRICT PRADESH. REP. - department. BY ITS PRINCIPAL VELAGAPUDI, revenue VISAKHAPATNAM, VISAKHAPATNAM VISAKHAPATNAM, VISAKHAPATNAM COLLECTOR, STEEL PLANT LAND VISAKHAPATNAM, VISAKHAPATNAM VISAKHAPATNAM ■ ■.RESPONDENT(S): The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of 1. India seeking the following relief: to issue a Writ more particularly in the nature of Mandamus against action of the 5th respondent herein in issuing the eviction notice dated 08.09.2025 issued U/s 7 of the Andhra Pradesh (A.P.) Land Encroachment Act, 1905 while the suit for declaration is pending in O.S No. 22 of 2024 on the file of the Honble XIII Additional District Judge at Gajuwaka as illegal, arbitrary and in violative of Article 14 and 300- A of the Constitution of India and to consequently set aside the eviction notice dated 08.09.2025 issued U/s 7 of the Andhra Pradesh (A.P.) Encroachment Act, 1905 and pass Land 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land admeasuring to an extent of Ac.4.50 cents, out of which an extent of Ac. 1.00 cent is covered by Sy.No.64/29 and an extent of Ac.3.50 cents is covered by Sy.No.64/30 (old Sy.No.64/1) of Pedhagantayada village, Gajuwaka Mandal, S.R.O. Gajuwaka, GVMC limits, Visakhapatnam. The petitioner acquired the said land through her vendor by way of a registered sale deed, and since then, she has been in peaceful possession and enjoyment of the subject schedule property. While so, the respondent No. 1/State of Andhra Pradesh is trying to interfere with the peaceful possession and enjoyment of the subject property and also threatened to dispossess the from her subject property. Consequently, the petitioner instituted O.S.No.22 of 2024 before the Court of the XIII Additional District Gajuwaka. seeking for declaration of title petitioner a suit in Judge, over the schedule property as well as for permanent injunction. The petitioner also filed Interlocutory Application No. 1284 of 2024 seeking for an ex parte injunction against the respondents/defendants in O.S.No.22 of 2024, which is pending for consideration. The defendants/respondents have also filed statement therein. While the interlocutory application is still pending for consideration before the trial Court, the respondent No.5/Tahsildar issued the impugned notice dated 08.09.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, alleging that the petitioner is an encroacher and that there are serious civil disputes between the petitioner and the respondents with respect to the subject property. He further submits that, in view of the ratio laid down by the Hon’ble Apex Court in Government of A.P. v. Thummala Krishna Rao and others\ once serious civil title disputes exist between the petitioner and the respondents, the petitioner cannot be evicted by way of procedure/proceedings through issuance of a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905. Therefore, the impugned notice dated 08.09.2025 issued by respondent No.5/Tahsildar is liable to be set aside. Hence the writ petition. a written a summary ‘ 1982 AIR 1081 On the other hand, the learned Government Pleader for the respondents submits that the impugned notice is only a show cause notice directing the petitioner to submit her explanation and to substantiate her claim and title over the subject land, if any. If the petitioner produces all the relevant documents to support her claim pursuant to the impugned eviction notice dated 08.09.2025, the respondent authorities will consider the same and pass appropriate orders in accordance with law within a reasonable time. 4. 5. Considering the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, and on perusal of the material available on record, this Court is of the view that, in view of the contention raised by the learned counsel for the petitioner, if the petitioner is able to establish her possession and title over the subject property, then, as per the ratio laid down by the Hon’ble Apex Court in Government of A.P., Appellant v. Thummala Krishna Rao and others as stated (supra) the respondents shall adhere to initiation of appropriate civil proceedings to take action against the petitioner and evaluate her claim in accordance with the said ratio. It is therefore just and necessary that the petitioner shall submit a detailed explanation pursuant to the impugned notice issued by the 5'^ respondent/Tahsildar dated 08.09.2025, along with all supporting material and documents substantiate her ownership over the subject property, within a period of two (02) weeks from the date of receipt of this order. Upon X \ \ to such submission, the respondents shall consider the same with reference to O.S.No.22 of 2024 and in the view of the judgment rendered by the Hon’ble Apex Court in Government of A.P. v. Thummala Krishna Rao and others (supra) and pass appropriate orders in accordance with law within a period of six (06) weeks thereafter. In the meanwhile, the respondents are directed not to resort to any coercive steps against the subject property of the petitioner. The learned Government Pleader for the respondents is specifically directed to inform the respondents about the order of this Court. 6. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ^ 4 < 1* y Sd/- K J RAJA BABU , assis^nt^qstrar '' SECTION^FICER //true COPY// To, 1 ■ The Principal Secretary, Revenue Department Amaravathi, Guntur District. Visakhapatnant, Visakhapatnam District 'sakhapatnam, Visakhapatnam District Deputy Coiiector, stee, plant Land ^ Visakhapatnam District. Pedagantyada Mandal Pradesh, Velagapudi, 2- The District Collector, 3- The Joint Collector ‘4- The Special State of Andhra Visakhapatnam, 5- The Tahsildar District. 6- One CC to Sri T- TwoCCstor 8- Two CD Copies Acquisition Office Visakhapatnam Visakhapatnam Patanjali Pamidighantam, OP for Revenue, Advocate fOPUCJ High Court of Andhra Pradesh [OUT] RAM HIGH COURT DATED:12/09/2025 ORDER WP NO. 24618 OF 2025 1 i SEP 2«25 ^ . Current Section . m 69/ DISPOSING OF THE WP WITHOUT COSTS