IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1341 OF 2025 Between: Allvarusetti Suman, S/o. Chandra Sekhar Rao, Aged 41 years, Occ: Cultivation, R/o.Baddevolu Village, Manubolu Mandal, SPSR Nellore 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, SPSR Nellore District at Nellore. 3. The Revenue Divisional Officer, Nellore Revenue Division, Nellore, SPSR Nellore District. 4. The Tahsildar, Manubolu Mandal, SPSR Nellore District. 5. The Village Revenue Officer, Baddevolu Village, Manubolu Mandal, SPSR Nellore 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners land in Sy.No, 341 an extent of Ac.0.65 Cents, Sy.No. 347 an extent of Ac.0.25 cents, Sy.No.349 an extent of Ac. 0.34 cents and Sy.No. 350 an extent of Ac. 1.35 cents total an extent of Ac. 2.59 cents situated at Baddevolu Revenue Village, Manubolu Mandal, SPSR Nellore District and V not passing Interim Stay Order in appeal filed on 24.10.2024, by the petitioner against order passed under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 before the 3^'^ respondent, as illegal, irrational, arbitrary, against to the principles of natural justice besides violative of articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the said lands. lA NO: 1 OF 202*1 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with petitioners peaceful possession and enjoyment over his land in Sy. No. 341 an extent of Ac.0.65 Cents, Sy.No. 347 an extent of Ac.0.25 cents, Sy.No.349 extent of Ac. 0.34 cents and Sy.No. 350 an extent of Ac. 1.35 cents total an extent of Ac. 2.59 cents situated at Baddevolu Revenue Village, Manubolu Mandal, SPSR Nellore District, by suspending the operation of order in Rc.No.B/198/2024 dt. 17.07.2024 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 passed by the 4‘^ respondent, pending disposal of the main Writ Petition. an Counsel for the F»etitioner : SMT. NIMMAGADDA REVATHI Counsel for the F^espondents: SRI K. ARJUN CHOWDHARY, ASST.GP FOR REVENUE The Court made the following: ORDER 1 APHC010019812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SE0 HS-s TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1341/2025 Between: 1.ALLVARUSETTI SUMAN, S/0. CHANDRA SEKHAR RAO AGED 41 R/O.BADDEVOLU VILLAGE, YEARS, OCC CULTIVATION MANUBOLU MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT AT NELLORE. 3.THE REVENUE DIVISIONAL OFFICER, NELLORE REVENUE DIVISION, NELLORE, SPSR NELLORE DISTRICT. 4.THE TAHSILDAR, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. 5.THE VILLAGE REVENUE OFFICER, BADDEVOLU VILLAGE MANUBOLU MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1.NIMMAGADDA REVATHI Counsel for the Flespondent(S); 2 1.GP FOR REVENUE The Court made the following; ORAL ORDER: Heard Smt. Nimmagadda Revathi, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. Learned Counsel for the Writ Petitioner has submitted that earlier the Writ Petitioner has approached this Court by filing W.P.No.15355 of 2024. Vide Order dated 22.07.2024, this Court was pleased to dismiss the said Writ Petition as withdrawn for the reason that final eviction order was passed by the Respondent Authorities under Section 6 of the Andhra Pradesh Land Encroachment Act and therefore, the Writ Petitioner would prefer a Statutory Appeal along with an Application for interim protection also. After the said Writ Petition was dismissed (W.P.No.15355 of 2024), the Writ Petitioner has submitted an Appeal before the Appellate Authority on 24.10.2024 along with an Application under Section 5 of the Limitation Act for condonation of delay. It is submitted by the learned Counsel for the Petitioner that the Competent Authority has neither numbered the Appeal nor the Interlocutory Application. It is also submitted that along with the Appeal, the Writ Petitioner has filed an Interlocutory Application for stay and that the same has also not been numbered. It is her submission that without numbering the Interlocutory Applications for Stay and for condonation of delay and the Appeal, the Official Respondents are interfering with the peaceful possession of the Writ Petitioner herein. 2. 3. 4. Learned Counsel for the Petitioner has also drawn the attention of this Court to the Land Tax Receipt dated 06.04.2010 (Ex.P2) issued in favour of 5. 3 the Writ Petitioner to submit that the Writ Petitioner has been in long standing possession in the subject land. Having regard to the facts and circumstances of this case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Revenue Divisional Officer (Respondent No.3) to number the Appeal as well as the Interlocutory Applications within a period of one week from the production of this Order and dispose of the Interlocutory Applications within a period of three weeks thereafter by passing a Speaking Order in accordance with law and communicate a copy of such Order to the Writ Petitioner forthwith. The Appeal shall also be heard and be disposed of by following the due process of law in due course of time. 6. There shall be a direction to all the parties to maintain Status-quo obtaining as on today until Respondent No.3 passes the final order in the pending Interlocutory Applications. 7. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- A VENU GOPALA RAO ASSISTANT REGISTRAR 9. //TRUE COPY// OFFICER To, 1. The Principal Secretary to Government, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, SPSR Nellore District at Nellore. The Revenue Divisional Officer, Nellore Revenue Division, Nellore SPSR Nellore District. The Tahsildar, Manubolu Mandal, SPSR Nellore District. The Village Revenue Officer, Baddevolu Village, Manubolu Mandal SPSR Nellore District. One CC to Smt. Nimmagadda Revathi, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 2. 3. 4. 5. 6. 7. 8. Cnr HIGH COUF^T DATED:21/()1/2025 ORDER WP.No.1341 of 2025 Curreni oecuon 0 5 FEB 20?5 o c^l DISPOSING THE W.P. WITHOUT COSTS L