IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8952 OF 202fi Between: 1. Nakkaraju Sandya, W/o. N. Kanaka Raju, Aged about 36 years, Occ. House wife, R/o. H. No. 8-31, Gonnavanipalem Village, Durganagar Post, Pendurthi Mandal, Visakhapatnam Urban, Visakhapatnam District. 2. Gonna Veera Jagannadh, S/o. Gonna Tatalu Occ. Agriculture Coolie, R/o. H. No. Panchayath Bhavan, Parawada Mandal, Pedamadaka, Visakhapatnam District Aged about 39 years 7-38, Gonnavanipalem, Near 3. Gonna Chinna Thalli, W/o. Srinivasa Rao, Aged about House wife, R/o. H. No. 7-34, Gonnavanipalem Mandal, Pedamadaka, Visakhapatnam District. 4. S.Srinivasa Rao, S/o. Late Yerranna, Agriculture, R/o. H. No. 28-1-9, Voldapudi, Near Post Office RH Colony, Duvvada, Visakhapatnam District. 49 Years, Occ. Village, Parawada Aged about 52 years, Occ. Vodlapudi, 5. Gonna Appala Raju, S/o. G. Ramu Naidu Aged about 36 years, Occ. Agriculture, R/o. H. No. 7-6, E-Marripalem Village, Parawada Mandal, Pedamadaka, Visakhapatnam District. ...Petitioners .A AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam Urban, Visakhapatnam District. 4. The Tahsildar, Parawada Mandal, Visakhapatnam District. ...Respondents 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus, declaring the impugned Notice under Andhra Pradesh Land Encroachment Act - 1905 under Section 7, Act 3, 1905 vide Rc. No. 94/2025/SA, dated 22.03.2025 issued by 4*'' respondent for eviction of the petitioners residential properties admeasuring 150 Sq. Yards of each granted in various villages of Parawada Mandal, Visakhapatnam District is illegal, arbitrary, ultravires, violation of principles of natural justice and Article 14, 21 and 300 A of the Constitution of India and to consequently set aside the same. lA NO: 1 OF POOR 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 to suspend the operation of the Notice under Andhra Pradesh Land Encroachment Act - 1905 Notice under Section 7, Act 3, 1905 vide Rc. No. 94/2025/SA, dated 22.03.2025 issued by the A'” respondent by directing him not to interfere with the petitioners residential properties / admeasuring 150 Sq. Yards of each granted in various villages of Parawada Mandal.^khapatnam District pending disposal of the main writ petition. ^ Counsel for the Petitioner: SRI RIZWAN ALI SHAIK Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010175132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8952/2025 Between: Nakkaraju Sandya and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner{S): 1.RIZWAN ALI SHAIK ...RESPONDENT(S) Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: To issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the impugned Notice under Andhra Pradesh Land Encroachment Act 1905 under Section 7, Act 3, 1905 vide Rc.No.94/2025/SA, dated 22.03.2025 issued by 4th respondent for eviction of the petitioners residential properties admeasuring 150 Sq Yards of each granted in various villages of Parawada Mandal Visakhapatnam District is illegal arbitrary ultravires violation of principles of natural justice and Article 14 21 and 300 A of the Constitution of India and to consequently set aside the same and to pass such other order orders...” or 2. Heard the learned counsel for the petitioner Pleader for the respondents. and the learned Government 3. The case of the petitioners is that the petitioners Gonnavanipalem Village, Parawada Mandal are residents of Visakhapatnam District belonging to the below poverty line families and dependent on agriculture and other forms of daily labor for their livelihood. The petitioners were allotted house sites admeasuring to an extent of 150 square yards each by the revenue authorities and have been constructed respective houses by availing loans under the NTR Urban Housing Scheme, Government through the Pradhan Mantri Awas Yojana Proc.Rc.No. 49/2018/NTR Urban/BLC dated 18.06.2018. The also allotted poor numbers to the petitioners' supported by the Central as per proceedings in revenue officials respective plots. While things stood thus, the 4th respondent issued an impugned notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, dated 22.03.2025 alleging that the petitioners were occupied illegaliy the said residential house sites are unauthorizedly formed. 4. The learned counsel for the petitioners submits that authorities are trying to interfere with the petitioners' peaceful the revenue possession and enjoyment of their subject house sites and threatening to dispossess the petitioners, without following due process of law. Hence, the present writ petition. The learned Assistant Government Pleader for Revenue appearing for the respondents, the respondents’ authorities will follow the due process of 5. law and pass appropriate orders in accordance with law. Having regard to the submissions made by the learned counsel for both the parties and on perusal of the record, this Court is of the considered view that the Writ Petition can be disposed of, directing the respondents not to interfere with the petitioners’ subject property without following due process of law as contemplated under the Act. 6. 7. With the above said direction, the Writ Petition is disposed of. There shaii be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT RJEGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department, Secretariat Buildings, Velagapudi, Amaravathi District. 2. The District Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Visakhapatnam Urban, Visakhapatnam District. 4. The Tahsildar, Parawada Mandal, Visakhapatnam District. 5. One CC to SRI. RIZWAN All SHAIK, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. 7. Three CD Copies State of Andhra Pradesh Revenue , Guntur [OUT] sree ./A HIGH COURT DATED:04/04/2025 \ ORDER WP.No.8952 of 2025 7 6 SEP 2025 | o .^o 'fae TO DISPOSING OF THE W.P. WITHOUT COSTS