IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^^ (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1533 OF 2025 Between: Kanuri Surya Prakash, S/o Late K Bala Subramanyam, Aged about 56 years, R/o D.No. 1-171, Thotakurapalem Village, RavikamathamMandal, Anakapalle u.. District. ...PETITIONER AND 1. The State of AP, Represented by its Principal Secretary to Government, ReveAde Department, Secretariat, Velagapudi District. Amaravathi, Guntur 2. The District Collector, Anakapalle District, Anakapalle.*^ The Revenue Divisional Officer, Anakapalle Division, Anakapalle District, v- The Tahsildar, Ravikamatham Mandal, Anakapalle District. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in trying to demoli^ petitioner house to an extent of Ac.0.32.cts Square Yards in Sy.No.247-1 OB in Thotakurapalem Village, Ravikamatham Mandal, Anakapalle District, without passing any order under Sec 6 of The Andhra Pradesh Land Encroachment Act, 1905, in pursuant to the notice dt. 30-1^2024 issued by the 4th respondent and explanation dt. 18-12-^24 given by petitioner, is illegal, arbitrary, contrary to the Principles of natural justice and the provisions of the Andhra Pradesh Land Encroachment Act, 1905, and Arts 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not interfere with petitioner possession and enjoyment of petitioner house stated supra. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 interfere with petitioner possession and enjoyment of petitioner house to an extent of Ac.0.32.cts Square Yards in Sy.No.247-1 OB in Thotakurapalem Village, Ravikamatham Mandal, Anakapalle District, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI PHYROSE KHAN Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER % APHC010026902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.1533 of 2025 Between; 1.KANURI SURYA PRAKASH, S/0 LATE K BALA SUBRAMANYAM, AGED ABOUT 56 YEARS, R/0 D.N0.1- 171, THOTAKURAPALEM VILLAGE, RAVIKAMATHAM MANUAL, ANAKAPALLE DISTRICT. ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT, VELAGAPUDI 2.THE DISTRICT COLLECTOR, ANAKAPALLE DISTRICT, ANAKAPALLE. 3.THE REVENUE DIVISIONAL OFFICER, ANAKAPALLE DIVISION, ANAKAPALLE DISTRICT. 4.THE TAHSILDAR, RAVIKAMATHAM MANUAL, ANAKAPALLE DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner: 1.PHYROSE KHAN Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: GRKP,J W,P,No.I533 of2025 ORAL ORDER: Heard Sri K. Satyanandam, Ld. Counsel appearing on behalf of Sri Phyrose Khan, Ld. Counsel for the Writ Petitioner, and Sri K. Arjun Choudhary, Ld. Assistant Government Pleader for Revenue. 2. Ld. Counsel for the Writ Petitioner has drawn the attention of this Court to the Notice issued to the Writ Petitioner under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, dated 30.11.2024 (Ex.PI). The said Notice issued by the Tahsildar, Ravikamatham Mandal (Respondent No.4) would indicate that the Writ Petitioner has encroached 0.10 Cents of Government Land in Sy.No.246-1 of Thotakurapalem Village Ravikamatham Mandal, Anakapalle District. 3. Ld. Counsel for the Writ Petitioner has also drawn the attention of this Court to the Explanation given by the Writ Petitioner on 18.12.2024 (Ex.P2). Ex.P2 would indicate that the Writ Petitioner has purchased 17 Cents of Land in Katha No.1995 in Sy.No.247/10, 13 Cents of Land in Katha No.201 in Sy.No.247/10 and 2 Cents of Land in Katha No.1109 in 3 GRKP,J W.P,No.l533 of2025 Sy.No.247/10 of Thotakurapalem Village, by way of a Registered Sale Deed dated 23.08.2021 (Ex.P3). From the above facts, it transpires that the Writ Petitioner 4. r I has purchased certain extents of Lands in Sy.No.247/10, whereas the allegation against the Writ Petitioner is that he has encroached about 0.10 Cents of Government Land in Sy.No.246-1. Having regard to the same, this Court deems it appropriate 5. to dispose of this Writ Petition at the admission stage, without going into the merits, directing the Official Respondents to objectively consider the Explanation given by the Writ Petitioner, dated 18.12.2024 (Ex.P2), before passing the Final Order. Needless to state that the Official Respondents shall adhere to the Principles of Natural Justice by conveying a copy of the Final Order to the Writ Petitioner and by giving time as prescribed under the Statute to enable the Writ Petitioner to prefer a Statutory Appeal, if so advised. With these observations and directions, this Writ Petition 6. stands disposed of. No order as to costs. ft 4 GRKPJ W.P.No.1533 of 2025 7. Interlocutory Applications, if any, stand closed in terms of this Order. SDI- Wl.PRABHAKARA RAO assistant REGiS i RAR ^SE^OH OFFICER //TRUE COPY// To, to Government, Revenue Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalle Distifct, Anakapalle. ^ Dislric?^'^^'^'^^ Divisional Officer, Anakapalle'^Division 4. The Tahsildar, Ravikamatham M^al, Anakapalle District. 5. One CO to Sri Phyrose Khan^vocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies Anakapalle TF HIGH COURT DATED:23/01/2025 ORDER I 0 5 FEB 2025 gj ^ . Current Section . ^ WP.No.1533 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS