APHC010655062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33922/2025 Between: 1. THUNGA SRINIVASULU, S/O LATE GURAVAIAH, AGED 47 YEARS, PRESENTLY R/O AT BAYANAPALLI VILLAGE, RAILWAY KODUR MANDAL ANNAMAYYA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI 2. THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYA DISTRICT 3. THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, RAJAMPET DIVISION, ANNAMAYYA DIST. 4. THE TAHSILDHAR, CHITVEL. CHITVEL MANDAL, ANNAMAYYA DISTRICT 5. THE MANDAL REVENUE INSPECTOR, CHITVEL MANDAL, ANNAMAYYA DIST. ...RESPONDENT(S): 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 topleased to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.4 herein in trying to dispossess the petitioner from the lands in -2- W.P. No.33922_2025 Date of order:05.12.2025 an extent of Ac.2-97 cents in Sy.No.1439/3 and extent of Ac.4-60 cents in Sy.No. 1439/5 situated at Yeguvapalli, Nagiripadu Revenue village accounts, Chitvel mandal, by virtue of notice dt.20-11-2025 for eviction under sec. 6 of the AP Land Encroachment Act 1905 which is an contrary to the adangals and possession certificates issued by the revenue authorities as wholly arbitrary, illegal, without jurisdiction and void and violated principles of natural justice and affected his rights guaranteed under article and 300A of the Constitution of India and consequently, set the 14, 19(1)(g) 21 aside the notice dt.20-11-2025 in Ref.A. 145/2023 issued by the 4th respondent herein with reference to the agricultural lands in an extent of Ac.2-67 cents in Sy.No.1439/3 and an extent of Ac.4-60 cents in Sy.No.1439/5 situated at Yeguvapalli, Nagiripadu Revenue village accounts, Chitvel mandal and pass IA 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 pleased to suspend the notice . dt.20-11-2025 vide Ref.A. 145/2023 issued by the 4thh respondent herein in respect of lands in an extent of Ac.2-97 cents in Sy.No. 1439/3 and an extent of Ac.4-60 cents in Sy.No. 1439/5 covered by coconut, lemon trees and mango trees etc and other existing crops situated in Yeguvapalli village, Nagiripadu Revenue village, Chitvel Mandal, Annamayya District pending disposal of the writ petition and pass Counsel for the Petitioner: 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -3- W.P. No.33922_2025 Date of order:05.12.2025 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.33922 OF 2025 ORDER: 1. The instant writ petition is filed for following relief: “…to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.4 herein in trying to dispossess the petitioner from the lands in an extent of Ac.2-97 cents in Sy.No.1439/3 and an extent of Ac.4-60 cents in Sy.No. 1439/5 situated at Yeguvapalli, Nagiripadu Revenue village accounts, Chitvelmandal, by virtue of notice dt.20-11-2025 for eviction under sec. 6 of the AP Land Encroachment Act 1905 which iscontrary to the adangals and possession certificates issued by the revenue authorities as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural justice and affected his rights guaranteed under article 14, 19(1)(g) 21 and 300A of the Constitution of India and consequently, set aside the notice dt.20-11-2025 in Ref.A.145/2023 issued by the 4th respondent herein with reference to the agricultural lands in an extent of Ac.2-67 cents in Sy.No.1439/3 and an extent of Ac.4-60 cents in Sy.No.1439/5 situated at Yeguvapalli, Nagiripadu Revenue Village accounts, Chitvel Mandal and pass such other….” 2. As the statutory remedy under section 10(1) of the A.P. Land Encroachment Act, 1905 is available against the impugned notice under Section 6 of the A.P. Land Encroachment Act, 1905, this Court is not inclined to entertain this Writ Petition. 3. Hence, the writ petition is disposed of, granting liberty to the petitioner to file an appeal along with the stay application before the competent -4- W.P. No.33922_2025 Date of order:05.12.2025 authority. Till consideration of the stay application, the respondents are directed not to take coercive steps pursuant to the impugned notice, dt.20.11.2025. No costs. 4. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________ JUSTICE D.RAMESH BV