APHC010491682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 25080/2025 Between: 1. GONNA POOJITHA HANEESHA, D/O. LATE G. B. NAIDU AGED ABOUT 28 YEARS, R/O. D. NO.7-36 GONNAVANIPALEM VILLAGE, PARAWADA MANDAL, AHAKAPALLI DISTRICT. 2. GONNA GOPI,, S/O. APPALAKONDA, AGED ABOUT 42 YEARS, OCC. AGRICULTURE R/O. 7-32, GONNAVANIPALEM VILLAGE, PARAWADA MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT. 3. THE TAHSILDAR, PARAVADA MANDAL, ANAKAPALLI 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 or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the notices dt. 23-07-2025 issued by the 3rd respondent u/s. 7 of Act 3 of 1905, whereunder directed the petitioners to submit the explanations why they should not be evicted from the encroachments of the Gedda land to an extent of Ac. 0.02 V2 Cents, Ac. 0.03 Cents and Ac. 0.01 14 Cents in Sy. No. 70/1, E. Marripalem village, Parawada mandal, Anakapalli District, is-illegal, arbitrary and unconstitutional and consequently set aside , the same 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 suspend the notices dt. 23-07-2025 issued by the 3rd respondent u/s. 7 of Act 3 of 1905, whereunder directed the petitioners to submit the explanations why they should not be evicted from the encroachments of the Gedda land to an extent of Ac. 0.02 72 Cents, Ac. 0.03 Cents & Ac. 0.01 72 Cents in Sy. No. 70/1, E. Marripalem village, Parawada mandal, Anakapalli District, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25080 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the notices dt. 23-07-2025 issued by the 3rd respondent u/s. 7 of Act 3 of 1905, whereunder directed the petitioners to submit the explanations why they should not be evicted from the encroachments of the Gedda land to an extent of Ac. 0.02 V2 Cents, Ac. 0.03 Cents and Ac. 0.01 14 Cents in Sy. No. 70/1, E. Marripalem village, Parawada mandal, Anakapalli District, is-illegal, arbitrary and unconstitutional and consequently set aside , the same and pass…” 2. The 3rd respondent-Tahsildar issued two separate eviction notices dated 23.07.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter for short referred as the ‘Act’), directing the petitioners to submit an explanation within seven days, as to why they should be evicted from the Government land and forfeiture of buildings, constructions and things deposited therein. In pursuance of the notices dated 23.07.2025, the petitioners submitted an explanation. However, the respondent No.3 has not considered the same. Aggrieved by the same, present writ petition is filed. 3. Heard Sri I. Koti Reddy, learned counsel for petitioners and learned Assistant Government Pleader for Revenue for respondents. 4. Learned counsel for petitioners submits that admittedly, the petitioners’ submitted explanation to the notices dated 23.07.2025 and it would suffice if a direction is given to the respondent No.3 to consider the explanation submitted by the petitioners and pass appropriate orders. 5. Learned Assistant Government Pleader does not refute the said submissions. 6. The procedure contemplated under Section 6 of the Act, to hold a summary inquiry into the facts of the case, means not to evict forcibly without taking into consideration the explanation offered by the encroachers. To fortify the said contention, this Court places reliance of the judgment of the common High Court of Andhra Pradesh in the case of Pre. Jothi Education Society vs Secretary, Major Irrigation1. The Division Bench of the High Court held in the following: “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.7 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.” 7. After hearing both learned counsel for the petitioner and learned State Counsel, the above referred judgment is squarely applicable to the present facts of the case. 1 2002 (6) ALD 83 A 8. In view of the above submissions, without expressing any opinion on merits of the matter, the present Writ Petition is disposed of at the admission stage, directing the respondent No.3 to examine the explanation submitted by the petitioners and pass appropriate orders in accordance with law and communicate the decision to the petitioners as expeditiously as possible. Till such time, respondent No.3 is directed not to take any coercive steps against subject property. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 16.09.2025 TVN 165 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.25080 OF 2025 Date: 16.09.2025 TVN