IN THE HIGH COURT OF ANDHRA PRADESH::AMARAV (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY /• TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 852 OF 2025 . Between: Cheduri Sundara Raju, S/o Ravi, Age 40 years, Occ; Quitivation Yerragondapalem Village and Mandal, Prakasam District. R/o. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Joint Collector, Prakasam, Prakasam District. 3. The Revenue Divisional Officer, Markapur, Prakasam District. 4. The Tahsildar, Yerragondapalem Mandal, Prakasam District. ...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 order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the order of the 4th respondent issued under section 6 of the Andhra Pradesh Land Encroachment Act, 1905 dt.12.12.2024 served on the petitioner through Village Revenue Assistant on 26.12.2024 directing the petitioner to vacate the land of Ac.4- 46 cents described as Assignment in Sy.No. 1002-2 of Yerragondapalem village, Yerragondapalem mandal, Prakasam district as illegal, arbitrary, without any authority of law or jurisdiction, unsustainable and contrary to the provisions of the A.P. Land Encroachment Act, 1905 and the Board Standing Orders and set aside the same and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the'petitioner in respect of the land admeasuring Ac.4.46cts alleged to be situated in Sy.No. 1002-2 of Yerragondapalem Village and Mandal, Prakasam District 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 direct the respondents not to dispossess the petitioner from his land admeasuring Ac.4.46cts alleged to be situated in Sy.No. 1002-2 of Yerragondapalem Village and Mandal, Prakasam District by suspending the operation of the order dt.12.12.2024- issued by the Tahsildar, Yerragondapalem Mandal, Prakasam district under section 6 of A.P. Land Encroachment Act, 1905 Counsel for the Petitioner: SRI V SUDHAKAR REDDY Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following: Order r ' [3328] APHC010016212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) is FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 852/2025 Between: AGE 40 YEARS, OCC 1.CHEDURI SUNDARA RAJU, S/0 RAVI CULTIVATION, R/0. YERRAGONDAPALEM VILLAGE AND MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT REVENUE SECRETARY BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE JOINT COLLECTOR, PRAKASAM, PRAKASAM DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, MARKAPUR, PRAKASAM DISTRICT. 4.THE TAHSILDAR, YERRAGONDAPALEM MANDAL, PRAKASAM DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner: 1.VSUDHAKAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2 The Court made the following: ORAL ORDER: Heard Sri V.Sudhakar Reddy, learned Counsel for the Petitioner and Sri K.Arjun Chowdary, learned Assistant Government Pleader. Learned Counsel for the Petitioner has drawn the attention of this Court to the Notice issued by the Tahsildar of Yerragondapalem Mandal, Prakasam District (Respondent No.4) under Section 6 of. the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter called ‘the Act’) (Ex.PI). Learned Counsel for the Petitioner would submit that the Tahsildar has issued Notice under Section 7 of the Act on 27.10.2023 (Ex.P3); and that the Petitioner has submitted his explanation on 04.11.2023 (Ex.P2). Learned Counsel for the Petitioner would submit that the present impugned order was passed by the Respondent No.4 in a mechanical manner with complete non-application of mind in as much as the said Tahsildar has failed to consider the explanation 2. submitted by the Writ Petitioner. This Court has perused the impugned order dated 12.12.2024 (Ex.PI). This Court has also perused the Explanation given by the Petitioner on 04.11.2023 to the Notice issued by the Tahsildar under Section 7 of the Act. This Court has noticed that the impugned Notice herein which is issued by the Tahsildar under Section 6 of the Act dated 12.12.2024 (Ex.P1) does not refer to the Explanation submitted by the Petitioner. On the face of it, it appears that the Notice has been issued in a mechanical manner and with complete non- 3. application of mind. 3 In this view of the matter, the impugned Notice is not sustainable in law. Accordingly the impugned Notice dated 12.12.2024 is set aside giving liberty to the Tahsildar to consider the Explanation submitted by the Petitioner dated 04.11.2023 (Ex.P2) and objectively pass a fresh Speaking Order in accordance with law. Needless to state that the Tahsildar is statutorily 4. obligated to adhere to the Principles of Natural Justice by issuing Advance Notice to the Petitioner, consider his submissions/objections and documents, if any, before passing the final Order. Needless to state that the Tahsildar shall not initiate any coercive proceeding before the expiry of the Appeal period as provided in statute if the order is passed against the Writ Petitioner. With these observations and directions, this Writ Petition stands 5. allowed. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. SDI- K KASIRAO ACHARI ASSISTANT REGISTRAR SECTtON OFFICER 6. //TRUE COPY// To 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District 2. The Joint Collector, Prakasam, Prakasam District. 3. The Revenue Divisional Officer, Markapur, Prakasam District. 4. The Tahsildar, Yerragondapalem Mandal, Prakasam District. 5. One CC to SRI V SUDHAKAR REDDY Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies gsg . HIGH COURT DATED: 10/01/2025 ORDER WP.No.852 of 2025 S 10 JAN 2025 m9 . Current Section . ' ALLOWING THE WP WITHOUT COSTS