! i I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1021 OF 2025 Between: Lingala Sumithra, W/o Rajasekhar Reddy, Aged 50 years, Occ; Cultivation, R/o. Turakapalli Village, Kamalapuram Mandal, Y.S.R. Kadapa District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The District Collector, Y.S.R.Kadapa District at Kadapa. 3. The Tahsildar, Yarraguntala Mandal, Y.S.R.Kadapa District. 4. The Andhra Pradesh Industrial Infrastructure Corporation Ltd (APIIC), Rep by its Zonal Manager, Kadapa, Y.S.R.Kadapa 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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the eviction notice in Lr.No.ZO/KDP/IDP/ YGTL/2008, dated 30.12.2024 issued by Respondent No. 4 connected to petitioners agricultural landed admeasuring Ac. 15.75 properties total in Survey No. 369 of T. Sunkesula Village, Yerraguntia Mandal, Y.S.R. Kadapa District, thereby insisting her acres to vacate from such landed properties, without following established by law, as illegal, irregular, arbitrarily, violative of principles of any know procedure w A It- natural justice, without jurisdiction and violative of the provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents not to interfere in any manner with possession of the petitioner over the said landed properties and also update the online revenue records and issue Pattadar Passbooks in favour of petitioner connected to the said lands. 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 suspend the operation of eviction notice in Lr.No.ZO/KDP/IDP/ YGTL/2008 dated 30.12.2024 issued by Respondent No. 4 and consequently direct the respondents not to interfere in any manner with the possession of petitioner over her agricultural landed properties total admeasuring Ac. 15.75 acres in Survey No. 369 of T. Sunkesula Village, Yerraguntia Mandal, Y.S.R. Kadapa District, pending disposal of the main writ petition. Counsel for the Petitioner: SRI RAJENDRA C Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4:SRI G. RAMA CHANDRA RAO, SC FOR APIIC The Court made the following: ORDER APHC010018942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] ■JiT.’ FRIDAY .THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1021/2025 Between: Lingala Sumithra ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAJENDRAC Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.1021 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the eviction notice in Lr.No.ZO/KDP/IDP/YGTU2008, dated 30.12.2024 issued by Respondent No. 4 connected to petitioner’s agricultural landed properties total admeasuring Ac. 15.75 acres in Survey No. 369 of T.Sunkesula Village, Yerraguntia Mandal, Y.S.R Kadapa District thereby insisting her to vacate from such landed properties without following any due procedure established by law as illegal, irregular, arbitrarily, violative of principles of natural justice without jurisdiction and violative of the provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends articles 14, 21 and 300A of Constitution of India and consequently direct the respondents not to interfere in any manner with possession of the petitioner over the said landed properties and also update the online revenue records and Issue Pattadar Passbooks in favour of petitioner connected to the said lands and pass such other order or orders...” Heard learned counsel for the petitioner and learned counsel for the 2. respondents. Learned counsel for the petitioner submits that the petitioner herein is 3. the absolute owner and possessor of land admeasuring Ac. 10.75 acres in Survey No.369 of T.Sunkesula Village, Yerraguntia Mandal, Y.S.R. Kadapa District having acquired the same through a registered gift deed from her maternal family and also through a will executed by her paternal uncle and the petitioner has been doing agricultural operations in the subject land. In addition, the petitioner has also been cultivating the adjacent land admeasuring to an extent of Ac.5.00 cents belonging to one Koduru Balanarasimhulu, son of late Koduru Danamiah after obtaining due permission. Since then, the petitioner has been in peaceful possession and enjoyment of the subject lands without any interference or hindrance. While so, on 30.12.2024, the 4^'' respondent issued a notice to the petitioner alleging that the petitioner has encroached an extent of Ac. 14.05 cents in Sy.No.369, which is a part of APIIC lands and directed the petitioner to remove the alleged encroachments within a period often days, failing which, action would be initiated against the petitioner under the Andhra Pradesh Land Encroachment Act, 1905. Pursuant to the said notice, the petitioner herein submitted her explanation dated 06.01.2025 stating that she did not occupy any land belonging to APIIC and the said land was gifted by her ancestors. It is further stated without issuing any acquisition notice and without following due process, the respondent authorities straight away issued the eviction order dated 30.12.2024, which is illegal and arbitrary. i Learned counsel for the petitioner further submits that even though the petitioner submitted her explanation dated 06.01.2025 to the said eviction notice, the respondent along with their staff attempted to dispossess the petitioner without following due procedure as contemplated under law. Having no other option, the petitioner filed the present writ petition. 4. On the other hand, learned counsel for the respondents submits that the respondents will consider the explanation dated 06.01.2025 submitted by the petitioner and pass appropriate orders within a reasonable time. 5. Considering the submissions made by the learned counsel for petitioner and learned counsel for the respondents and on perusal of the material placed record, this Court is of the considered view that the present Writ Petition be disposed of, directing the respondents to consider the explanation dated 06.01.2025 submitted by the petitioner and pass a speaking order, after providing opportunity of hearing to the petitioner and other stake holders, if in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order. Till then, status quo shall be maintained by 6. on can any. both the parties. With the above direction, the writ petition is disposed of. There shall be 7. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTfON OFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh,Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, Y.S.R.Kadapa District at Kadapa. The Tahsildar, Yarraguntala Mandal, Y.S.R.Kadapa District. The Zonal Manager, Andhra Pradesh Industrial Infrastructure Corporation Ltd (APIIC), Kadapa, Y.S.R.Kadapa District. One CC to Sri Rajendra C, Advocate [OPUC] One CC to Sri G. Rama Chandra Rao, SC for APIIC[OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb /■ HIGH COURT DATED:10/01/2025 ORDER WP.No.1021 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS