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2025 DAILYLAW 40216 (AP)

MOLLI SIREESHA v. State of Andhra Pradesh,

WP/5150/2024 · 2025-12-01

D Ramesh

body2025

Judgment text

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1 APHC010098782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5150/2024 Between: 1. MOLLI SIREESHA, W/O HARI, AGED 26 YEARS.RESIDENTS OF PEDAGADI VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 2. GOKADA MURALI,, S/O APPALARAJU, AGED 42 YEARS.RESIDENTS OF PEDAGADI VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 3. KESUBOYINA KANAKARAJU,, S/O APPANNA, AGED 42 YEARS.RESIDENTS OF PEDAGADI VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 4. GALLA LAXMI,, W/O VENKATA SURYA RAO, AGED 46 YEARS.RESIDENTS OF PEDAGADI VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 5. GALLA KALA,, W/O VENKATA NARASAYYA, AGED 28 YEARS.RESIDENTS OF PEDAGADI VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 6. GALLA SRI LAXMI,, W/O SATYANARAYANA, AGED 35 YEARS.RESIDENTS OF PEDAGADI VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 2 ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE TAHASILDAR, PENDURTHI MANDAL, PENDURTHI, VISAKHAPATNAM DISTRICT 5. PEDAGADI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PEDAGADI VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT 6. GOKADA ARUNA, D/O DEMUDU , HINDU, AGED ABOUT 32 YEARS, HOUSE WIFE, R/O H.NO.4-97, PEDAGADI VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. R6 IS IMPLEADED AS PER THE COURT ORDER DT.25.06.2024 VIDE ORDERS PASSED IN I.A.NO.02 OF 2024. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. A K KISHORE REDDY The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.5150 of 2024 ORDER: This writ petition is filed aggrieved by the notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, „the Act‟) on 17.02.2024 by the 4th respondent. 2. Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. 3. Considering the submissions, this Court has passed the following interim order on 28.02.2024: “….. The respondent authorities are directed not to interfere with the petitioner land in Sy.No.42, 43/4 of Pedagadi Village, Pendurthi Mandal, Visakhapatnam District, until further orders.” 4. Learned counsel for the petitioners has submitted that the petitioners have submitted their explanation on 20.02.2024 to the said notice. 4 5. As the petitioners have already submitted their explanation to the said notice, this Court is not inclined to go into the merits of the case. 6. Accordingly, the Writ Petition is disposed of directing the respondent authorities to consider the explanation submitted by the petitioners on 20.02.2024 and pass a final order under Section 6 of the Act by providing a proper opportunity to the petitioners. Till passing of the final order under Section 6 of the Act, the interim orders granted by this Court shall continue. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 02.12.2025 Ivd 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.5150 of 2024 Dated: 02.12.2025 Ivd