1 APHC010616482025 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: 31779/2025 Between: 1. MULPURI AGRO TECH PRIVATE LIMITED, REP. BY ITS MANAGING DIRECTOR, R/O D.NO.12-136, RAMANAGARARN VILLAGE, CHALLAPALLI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTRTIENT, SECRETARIAT, VELIAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT, COLLECTORATE BUILDINGS, PALNADU DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, VINUKONDA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, BRAHMANAPALLI VILLAGE, VINUKONDA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 2 5. THE STATION HOUSE OFFICER, BRAHMANAPALLI VILLAGE, VINUKONDA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 6. THE MANDAL REVENUE INSPECTOR, VINUKONDA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: 1. AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31779 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 or any other appropriate Writ, order or direction declaring the action of Respondents in threatening to dispossess the Petitioner from property admeasuring Ac.0.79 Cts In Sy.No.60/16-1A, Ac.0.81 Gts in Sy.No.60/16-2A, Ac. 1.85 Cts in Sy.NO 60/16-3A, Ac. 1.65 Cts in Sy.No.320-1, Ac.3.99 Cts in Sy.NQ.321-1, Ac.1.18 Cts in Sy.No.321-2, Ac.0.15 as in Sy.No.321-7, Ac.1.24 Cts in Sy.No. 322-1, Ac.1-26 Gts in SyNo.322-2, Ac.1.61 cts in Sy.NO.322-3, Ac.7.62 Cts in Sy.No.113-2C1- A1, Ac.2.25 Cts in Sy.No.113-2C1-A2, Ac.2.15 Cts in SyNo.113-2C1-A3, Ac.1.43 Cts in Sy.No.113-2C1-A4, Ac.1.41 Cts in Sy.No.113-2C-A8, Ac.1.29 Cts in Sy.No.113-2C1-Al 2, Ac.1.68 Cts in Sy.No.113-2C1-Al5 (Totalling to an extent of Ac.32.16 Cts) situated at Brahmanapalli Village, Vinukonda Mandal, Palnadu District on the pretext of Notice issued by the Respondent No.4 vide bearing Rc.No.1113/2Q23-A dated 10.11.2025 as per se illegal dehors Jurisdiction manifestly arbitrary, unreasonable and violative of Articles 14, 19, 21 and 300- A of the Constitution of India and in utter violation of Principles of Natural Justice besides being contrary to the provisions contemplated under Andhra Pradesh Land 4 Encroachment Act, 1905, Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and Andhra Pradesh Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rules made thereunder and consequently to direct the Respondents not to dispossess the Petitioner from the said property by setting aside the Notice issued by the Respondent No.4 vide bearing RC.No.1113/2023-A dated 10,11.2025 (Received on 13.11.2025) ….” 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. Learned counsel for the petitioner has submitted that though the petitioner has submitted explanation to the notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred to as „the Act‟), without considering the same, the present impugned notice has been issued. He has further submitted that there is an existing red sandalwood standing crop in the subject land. Though the notice stipulates time till 09.11.2025 being Sunday, the petitioner has submitted explanation on 10.11.2025, but by the time the respondents have issued the impugned notice. 5 4. Considering the said submissions, this Court is not inclined to go into the merits of the case as there is a statutory remedy of appeal available to the petitioner under Section 10(i)(a) of the Act. 5. Learned counsel for the petitioner has submitted that the petitioner will file an appeal within a period of four (4) weeks. 6. In the said circumstances, the Writ Petition is disposed of giving liberty to the petitioner to file an appeal under Section 10(i)(a) of the Act within a period of four (4) weeks from the date of receipt of copy of this order and along with the appeal the petitioner may also file an interim application. Till disposal of the interim application, the respondents are directed not to interfere and not to dispossess the petitioner 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 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31779 of 2025 Dated: 14.11.2025 Ivd