APHC010613802025 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: 31692/2025 Between: 1. GOTTAPU POLI NAIDU, AGED 48 YEARS, S/O. CHINNA APPALA SWAMY, D.NO.7-353/25, APPALA NARASIMHAM COLONY, NEAR SANTOSHI MATHA TEMPLE, VEPAGUNTA, PENDURTHI MANDAL, VISAKHAPATNAM - 530047. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI,GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. TAHSILDAR, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned eviction notice vide Rc.No.680/2025/JA dated 01.11.2025 issued by the 4th Respondent under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, as illegal, arbitrary, without jurisdiction and in violation of Article 14, 2 Article 21 and Article 300A of the Constitution of India and contrary to the provisions of Andhra Pradesh Land Encroachment Act, 1905 against the law laid down by the Honble Supreme Court in Government of Andhra Pradesh Thummala Krishna Rao and Consequently set aside the same 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 direct the Respondents, to maintain status quo with regard to the possession and enjoyment of the subject property measuring 120 sq. yds. in Sy.No.5 of Purushothapuram Village, Pendurthi Mandal,Visakhapatnam District, pending disposal of the Writ Petition and pass IA NO: 2 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 impugned eviction notice vide Rc.No.680/2025/JA dated 01.11.2025 issued by the 4th Respondent under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present writ petition is filed aggrieved by the action of the 4th respondent in issuing the eviction notice dated 01.11.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, “the Act”). 2. The contention of learned counsel for the petitioner is that the petitioner is a house-site patta holder. He was granted patta long back, and a copy of the same is filed along with the writ petition. According to the patta, an extent of 120 square yards was granted in favour of the petitioner in Survey No.5 of Purushothapuram Village, Pendurthi Mandal, Visakhapatnam District. It is contended that once patta has been granted in favour of the petitioner, the respondents have no power or authority to treat the petitioner as an encroacher or to initiate proceedings under the provisions of the Act by issuing a notice under Section 7. 3. Section 2 of the Act clearly defines “encroachment” as “the occupation, without permission of the Government, of any land which is the property of Government”. Thus, learned counsel asserts that once patta/right has been granted by the Government itself, the question of treating the petitioner as an encroacher does not arise. He places reliance on the judgment of the Hon’ble Supreme Court in Government of Andhra Pradesh v. Thummala Krishna Rao1, and also on the order of this Court 1 AIR 1982 SC 1081 4 in W.P. No. 5724 of 2020, in which notices issued under Section 7 of the Act were set aside in similar circumstances. 4. In reply, learned Assistant Government Pleader for Revenue, appearing for the respondents, has brought to the notice of the Court that the impugned notice has in fact been issued in respect of an alleged encroachment made by the petitioner in Survey No.8, over an extent of 0.0247 acres, and not in respect of the land in Survey No.5, which measures 120 square yards. 5. In view of the above facts and circumstances, this Court is not inclined to interfere with the impugned notice dated 01.11.2025. 6. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioner to file objections before the concerned authorities within a period of four (4) weeks from today. The respondents are directed to consider such objections and pass appropriate orders in accordance with law while proceeding under Section 6 of the Act. There shall be no order as to costs. Consequently, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE D. RAMESH 14th November, 2025 cbn 5 173 THE HON’BLE SRI JUSTICE D. RAMESH Writ Petition No.31692 of 2025 14th November, 2025 cbn