APHC010487092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT V/ THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24818 OF 2025 Between: Kuruba Hanumakka, W/o Kuruba Gaali Malleppa Aged about 45 years R/o Nemakal Village, Bommanahal Mandal, Ananthapuramu District. ...Petitioner U- AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravathi, A.P. The District Collector, Anantapur.'^Ananthapur District, The Tahsildar, Bommanahal M^dal, Anantapur District. 2. 3. ...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 particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned notice Vide RC No 102 / 2025 dated 08-09-2025, directing the petitioner to vacate the subject property, as illegal, arbitrary, violative of Articles 14, 21, and 300-A of the Constitution of India, and consequently and further direction to set aside the notice Vide RC No 102 / 2025 dated 08-09-2025, issued by the 3rd Respondent. -'1 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 Stay ^further proceedings pursuant to the impugned notice dated 08-09- 2025 issued by the 3rd Respondent, including dispossession of the petitioner from the subject property, by Directing the respondents not to interfere with petitioner peaceful possession and enjoyment of the property. Counsel for the Petitioner: SRI BAGGI VENKATA PAVAN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010487092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] mi MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24818/2025 Between; 1.KURUBA HANUMAKKA,, W/0 KURUBA GAALI MALLEPPA AGED ABOUT 45 YEARS, R/0 NEMAKAL VILLAGE, BOMMANAHAL MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 2.THE DISTRICT COLLECTOR, ANANTAPUR, ANANTHAPUR DISTRICT, 3.THE TAHSILDAR, BOMMANAHAL MANDAL, ANANTAPUR 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 3rd respondent in issuing the impugned notice Vide RC No 102 / 2025 dated 08-09-2025, directing the petitioner to vacate the subject property, as illegal, arbitrary, violative of Articles 14, 21, and 300-A of the Constitution of India, and consequently and further direction to set aside the notice Vide RC No 102 / 2025 dated 08-09-2025, issued by the 3rd Respondent lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to Stay all further proceedings pursuant to the impugned notice dated 08-09-2025 issued by the 3 Respondent, including dispossession of the petitioner from the subject property, by Directing the respondents not to interfere with petitioner peaceful possession and enjoyment of the property. Counsel for the Petitioner: 1.BAGGI VENKATA PAVAN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE praying that in the 'A'A 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24818 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in issuing the impugned notice Vide RC.No. 102/2025 dated 08-09-2025, directing the petitioner to vacate the subject property, as illegal, arbitrary, violative of Articles 14, 21, and 300-A of the Constitution of India, and consequently and further direction to set aside the notice Vide RC No. 102/2025 dated 08-09-2025, issued by the 3^^ Respondent...” 2. Heard Sri B.V.Pavan Kumar, learned counsel for petitioner and learned Assistant Government Pleader for revenue for respondents. 3. Learned counsel for petitioner submits that the petitioner is residing in an extent of Ac.0.015 cents in Sy.No.212 of Nemakal Village, Bommanahal Mandal, Ananthapuramu District, for about forty years and the impugned notice dated 08.09.2025, issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter for short referred as the ‘Act’), is contrary to the judgment rendered by the Hon’ble Apex Court in Government of Andhra Pradesh v. Thummala Krishna Rao & Anr^ and prayed to set aside the impugned notice. Learned counsel for respondents submits that appeal lies 4. against the impugned notice dated 08.09.2025. 1982 see (2) 134 3 Therefore, without going into merits of the matter, the present Writ Petition is disposed of directing the petitioner to avail the remedy of appeal, within a period of three (03) weeks from the date of receipt of a copy of this order and the appellate authority is directed to dispose of the appeal in accordance with law, as expeditiously as possible. Till such time, respondents are directed not to take any coercive steps against the subject property. There shall be no order as to costs. 5. As a sequel thereto, miscellaneous petitions pending, if any. shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue '"Apartment, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, A.P. 2. The District Collector, Anantapuf, Ananthapur District, 3. The Tahsildar, Bommanahal Mandal, Anantapur District. 4. One CC to Sri. Baggi Venkata Pavan Kumar Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies gsc HIGH COURT DATED:15/09/2025 ORDER WP NO. 24818 OF 2025 % g 2 3 SEP 2025 # ^ ^ Current Section DISPOSING THE WP WITHOUT COSTS