1 APHC010613422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31765/2025 Between: 1. M KAVALI RAMAYYA NAIDU, S/O LATE KAVALI CHINNAYYA, AGED ABOUT 76 YEARS, OCC- AGRICULTURE, R/O MAJARA DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 2. KAVALI NAGARJUNA NAIDU, S/O KAVALI RAMAYYA, AGED ABOUT 37 YEARS, OCC- AGRICULTURE, R/O MAJARA DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 3. KAVALI VENKATRAMANA, S/O LATE CHINNAYYA AGED ABOUT 67 YEARS, OCC- AGRICULTURE, R/O MAJARA DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 4. KAVALI MALLIKARJUNA, S/O K. VENKATRAMANA, AGED ABOUT 31 YEARS, OCC- AGRICPLTURE, R/O MAJARA DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT ...PETITIONER(S) AND 2 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT, 2. THE DISTRICT COLLECTOR, ANNANIAYYA DISTRICT AT RAYACHOTY 3. THE REVENUE DIVISIONAL OFFICER, RAYACHOTY 4. THE TAHSILDAR, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 5. DURA NARAYANA NAIDU, S/O LATE YERRAPPA, AGED ABOUT 60 YEARS, OCC AGRICULTURE, R/O DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 6. DURA NAGAPPA, , S/O LATE YERRAPPA, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 7. DURA VENKATAPPA, S/O LATE YERRAPPA, AGED ABOUT 63 YEARS, OCC AGRICULTURE, R/O DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 8. DURA MALLAIAH, S/O LATE YERRAPPA, AGED ABOUT 75 YEARS, OCC- AGRICULTURE, R/O DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 9. DURA BHASKARA, , S/O LATE YERRAPPA, AGED ABOUT 56 YEARS, OCC- AGRICULTURE, R/O DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 10. KAVALI SEKHARA, , S/O LATE CHENGAPPA, AGED ABOUT 60 YEARS, OCC- AGRICULTURE, R/O 3 DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 11. KAVALI RAJAGOPAL, S/O LATE CHENGAPPA, AGED ABOUT 55 YEARS, OCC- AGRICULTURE, R/O DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 12. PUJARI NAGARAJA, , S/O PAPAIAH, AGED ABOUT 40 YEARS, OCC- AGRICULTURE, R/O DOOREVANDLAPALLI, MATAMPALLI VILLAGE, K.V PALLE MANDAL, ANNAMAYYA DISTRICT 13. MARRIPATI VENKATRAMANA, S/O GANGAIAH, AGED ABOUT 70 YEARS, OCC- AGRICULTURE, R/O BALAPPAGARIPALLI, H/O GYARAMPALLI, K.V.PALLI MANDAL, ANNAMAYYA DISTRICT 14. MARRIPATI RAJENDRA, S/O VENKATRAMANA, AGED ABOUT 45 YEARS, OCC AGRICULTURE, R/O BALAPPAGARIPALLI, H/O GYARAMPALLI, K.V.PALLI MANDAL, ANNAMAYYA DISTRICT 15. MARRIPATI RAMESH, S/O VENKATRAMANA, AGED ABOUT 40 YEARS, OCC AGRICULTURE, R/O BALAPPAGARIPALLI, H/O GYARAMPALLI, K.V.PALLI MANDAL, ANNAMAYYA DISTRICT 16. MARRIPATI PAPAIAH, S/O LATE MALLAIAH, AGED ABOUT 50 YEARS, OCC- AGRICULTURE, R/O BALAPPAGARIPALLI, H/O GYARAMPALLI, K.V.PALLI MANDAL, ANNAMAYYA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA 4 Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31765 of 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..to issue a WRIT OF MANDAMUS declaring the impugned notice of the Respondent No.4 vide Roc.54/2025(A), Dt.07.11.2025, issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 whereby directing the Petitioners to cause self-eviction within 7 days or otherwise authorizing the Mandal Revenue Inspector to cause eviction of the petitioners from the property of an extent of Ac.0.39 cents in Sy.No. 221/1 (LP No.994) of Matampalle Village, K.V Palle Mandal, Annamayya District on the ground that the petitioners have encroached the government land classified as Pond without conducting any enquiry or survey and without considering the petitioners explanation or following due process of law and without having power or authority as nothing but illegal, arbitrary, highhanded apart from being violative of fundamental and constitutional rights guaranteed under articles 14, 19, 21 and 300-A of the Constitution of India and contrary to the judgment of Honble Apex Court in Government of Andhra Pradesh v. Thummala Krishna Rao and Another (1982 AIR 1081, 1982 SCC (2) 134) and also against the provisions of A.P Land Encroachment Act, 1905 and set aside the same and 6 consequently direct the Respondents, not to interfere with the petitioners peaceful possession and enjoyment of the subject properties ….” 2. Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. 3. In fact, according to the schedule, the land of an extent of Ac.0.39 cents in Survey No.221/1 (LP No.994) of Matampalle Village, K.V. Palle Mandal, Annamayya Disstrict is specified as pond and that the petitioner has encroached the same by fencing poles. 4. The contention of the learned counsel for the petitioners is that as per the FLR report, the subject land was named as „kunta‟. The petitioners have approached the Civil Court by filing O.S.No.363 of 2025 on the file of Principal Civil Judge (Junior Division), Piler. In the said suit, interim protection was granted by the competent Civil Court till 07.11.2025. In the said circumstances, the respondents ought not to have issued the notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred to as „the Act‟) and 7 also requested for protection in view of the injunction granted by the Civil Court. 5. Considering the said submissions and on perusal of the record, the petitioners have approached the Civil Court only after issuance of notice under Section 7 of the Act and further on facts this Court is not inclined to go into the merits of the case as there is a statutory remedy of appeal available to the petitioners under Section 10(i)(a) of the Act. 6. In the said circumstances, the Writ Petition is dismissed giving liberty to the petitioners to file an appeal under Section 10(i) of the Act within the statutory period of sixty (60) days from the date of receipt of copy of this order. Till filing of the said appeal, the respondent authorities are directed not to interfere and not to dispossess the petitioners from the subject land without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 14.11.2025 Ivd 8 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31765 of 2025 Dated: 14.11.2025 Ivd