APHC010029462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1494/2025 Between: C Ramadevi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N RANGA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1494/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “ to issue a Writ of Mandamus or any other appropriate Writ or Writs, order or direction, declaring and setting aside the proceedings dated 07.01.2025 in Rc.No.410/2024 on the file of the 3rd respondent issued under Section 6 of Andhra Pradesh Land Encroachment Act, 1905, as illegal, arbitrary, without jurisdiction, violative of principles of natural justice and violative of Art.14 and 300-A of Constitution of India besides being contrary to the provisions of A.P.Land Encroachment Act, 1905 and pass such other order or orders...” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioner submits that the petitioner herein is in the absolute possession and enjoyment of the property admeasuring to an extent of Ac.0.58 cents in Sy.No.126-4-1 situated at D.Cherlopalli Village, Bathalapalli Mandal, Sri Sathya Sai District since 30 years. For which, the petitioner herein was granted “D” Form patta and Adangal in her favour. After conducting due enquiry, the revenue authorities mutated her name in all revenue records. While things stood thus, when some third parties tried to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, the petitioner herein filed a suit in O.S.No.3 of 2025, which is still pending for adjudication. Pending suit, respondent No.3 herein issued an impugned proceedings dated 07.01.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that the land in question is a Government land and directing the petitioner to vacate the subject land within a period of 15 days from the date of receipt of notice. The said notice was served to the petitioner on 20.01.2025. 4. Learned counsel for the petitioner further submits that it is the statutory obligation on part of the respondents to issue a notice under Section 7 of the Act and call for explanation before issuing eviction notice/ impugned proceedings under Section 6 of the Act. But in the instant case, respondent No.3 straight away issued notice under Section 6 of the Act without issuing notice under Section 7 of the Act. Without issuing statutory notice and without calling for explanation from the petitioner, the respondents cannot interfere with the peaceful possession and enjoyment of the subject property of the petitioner. Hence, the writ petition. 5. On the other hand, learned Government Pleader appearing for the respondents submits that if the respondents intend to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, they would follow due process of law. 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, it is observed that it is the statutory obligation on part of the respondents to issue a notice under Section 7 of the Act and call for explanation before issuing eviction notice/ impugned proceedings under Section 6 of the Act. But, it is further observed that in the case on hand, the respondents straight away issued notice under Section 6 of the Act directing the petitioner to vacate the subject premises without observing principles of natural justice and without following due procedure as contemplated under the Act. In view of non-observation of principles of natural justice and principle of fair and hearing by way of Andhra Pradesh Land Encroachment Act, 1905, the impugned notice dated 07.01.2025 issued under Section 6 of the Act is liable to be set aside. Accordingly, the present writ petition is allowed, with the following directions: i) The impugned proceedings dated 07.01.2025 is hereby set aside. ii) The respondents are at liberty to proceed further as per the provisions of the Act. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 26.03.2025 BSP 84 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1494/2025 Date:26.03.2025 BSP