IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11367 OF 2025 Between: Tallapalli Penchala Narayana Reddy, S/o. Penchala Reddy, aged 57 years. Occ: Cultivation, R/o. Surayyapalem Village. Podalakuru Mandal, SPSR Nellore District ...Petitioner AND The State of Andhra Pradesh, Rep.by its Principal Secretary to the Government. Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. The District Collector, SPSR Nellore District at Nellore. The Revenue Divisional Officer, Nellore Revenue Division, SPSR Nellore District. The Tahsildar, Podalakur Mandal, SPSR Nellore District. The Revenue Inspector, Podalakur Mandal, SPSR Nellore District 1. 2. 3. 4. 5. ...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 notice in RC.B.98/2025 dated 24.04.2025 issued under section 6 of Madras Act III of 1905 and its preceding notice dated 08.01.2025 under section 7 of Madras Act III of 1905 issued by 4*^ respondent, without considering petitioners objections/explanation dated 10.01.2025 as per law laid down by this Honble Court in Kadiyala Sudershan and others vs. Government of Andhra Pradesh and Others reported in 2013(6) ALT 42 as illegal, irregular, arbitrarily, violative of principles of natural justice, without jurisdiction and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to .interfere with his possession and enjoyment over his landed property covered ^bys^fd notices. . . lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in ■-f' the ’affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of notice in RC.B.98/2025 dated 24.04.2025 issued under section 6 of Madras Act III of 1905 and its preceding notice dated 08.01.2025 under section 7 of Madras Act III of 1905 issued by 4^*^ respondent and consequently direct the respondents not to interfere in any manner with possession over petitioner's landed property covered by said notices; Counsel for the Petitioner:M/s. NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following: 1 APHC010230252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11367/2025 Between: Tallapalli Penchala Narayana Reddy AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: ...PETITIONER 1.NIMMAGADDA REVATHI 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 claiming the following relief; “to issue a writ, order or direction more particularly one in the nature of WRIT OF notice MANDAMUS declaring the RC.B.98/2025 dated 24.04.2025 issued under section 6 of Madras Act III of 1905 and its preceding notice dated 08.01.2025 under section 7 of Madras Act III of 1905 issued by respondent, without considering petitioners objections/explanation dated in 4th 2 10.01.2025 as per law laid down by this Honble Court in Kadiyala Sudershan and others vs. Government of Andhra Pradesh and Others reported in 2013(6) ALT 42 as illegal, irregular, arbitrarily, violative of principles of natural justice, without jurisdiction and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with his possession and enjoyment over his landed property covered by said notices and pass such” The case of the petitioner is that the government 2. granted land admeasuring to an extent of Ac.2.00 cents in Sy.No. 347-4 and 329-3/1, situated at Surayyapalem Revenue Village in Podalakur Mandal of SPSR Nellore District, by way of a lease vide proceedings L.Dis.No.02/2005 dated 04.01.2005. Since then, the petitioner has been in possession and enjoyment of the subject land. While things stood thus, the 4*'^ respondent issued a notice dated 08.01.2025 under Section 7 of the Madras Act III of 1905 to the petitioner. Pursuant to the said notice, the petitioner submitted a reply/objections dated 10.01.2025. However, without considering the reply/objections submitted by the petitioner and without passing any order, the 4‘^ respondent again issued a notice under Section 6 of the Madras Act III of 1905, dated 24.04.2025. 3 3. The main contention of the learned counsel for the petitioner is that since the petitioner is in long possession and enjoyment of the property, the petitioner cannot be dispossessed by exercising power under Section 7 of the Madras Act. When the petitioner is in settled possession of the property, the remedy open to the respondents is to approach the Civil Court in view of the guidelines issued by the Apex Court in “Government of Andhra Pradesh v. Thummala Krishna Rao^ ”. Instead of approaching the Civil Court to establish the title by respondent No.4, he issued notice under Section 7 of the Madras Act, invoking summary procedure to evict the petitioner from the land requested to allow the writ petition. The learned Assistant Government Pleader for 4. Revenue submitted that notices dated 10.01.2025 and 24.04.2025 were issued under Section 6 and 7 of the Madras Act 03 of 1905, requested to pass appropriate orders. In fact, the A.P.Land Encroachment Act is in force but instead of following the procedure under the A.P.Land Encroachment Act, notice was issued under the Madras Act 03 of 1905, which is not applicable to the present alleged encroachment. AIR 1982 SC 1081 4 On perusal of the impugned notice, it is clear that no specific date and time is fixed for submitting explanation in terms of Section 7 of the A.P. Land Encroachment Act, hence, notice is incomplete. On this ground, the petition is liable to be dismissed setting aside the notice dated 5. 24.04.2025. 6. However, when the petitioner is in settled possession and enjoyment of the property, it is the obligation of the State to approach the competent Civil Court and obtain relief for eviction of the petitioner or removal of objectionable encroachments. This view is fortified by the judgment of the Apex Court in “Government of Andhra Pradesh v. Thummala Krishna Rao” (referred supra). In the said judgment, the Apex Court candidly held that the Government, in summary proceedings, cannot unilaterally decide its own title over the property, and their remedy is only to approach the competent Civil Court seeking declaration of title. If the said principle is applied to the present facts of the case, remedy open to respondent No.4 is to approach the competent Civil Court to establish the title and for 7. recovery of the possession. Hence, the respondents are at liberty to take appropriate action in terms of judgment of the 5 Government of Andhra Pradesh v. Apex Court in Thummala Krishna Rao” (referred supra). Therefore, the petitioner cannot be dispossessed, except by following the law laid down by the Apex Court in “Government of Andhra Pradesh v. Thummala Krishna Rao” (referred supra) and “Rame Gowda (dead) by L.Rs. v. M.Varadappa Naidu (Dead) by L.Rs.T and the notices dated 08.01.2025 and 24.04.2025 are hereby setaside. With the above direction, writ petition is disposed of. No 8. costs. 9. Consequently, miscellaneous petitions pending, if any shall also stand closed. Sd/- M SRINIVAS ASSISTANT REGISTR/yR //TRUE COPY// SEC OFFICER To, 1) The Principal Secretary to the Government. Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh (BY SPECIAL MESSENGER) 2) The District Collector, SPSR Nellore District at Nellore. 3) The Revenue Divisional Officer, Nellore Revenue Division, SPSR Nellore District. 4) The Tahsildar, Podalakur Mandal, SPSR Nellore District. 5) The Revenue Inspector, Podalakur Mandal, SPSR Nellore District (Addresses Nos.2 to 5 BY RAPD) 6) One CC to M/s. NIMMAGADDA REVATHI Advocate [OPUC] Two CCS to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 8) Three CD Copies j 7) p HIGH COURT DATED:30/04/2025 ORDER ^SfANDH®, a» CuttenlSM"?;*, WP.No.11367 Of 2025 DISPOSING THE WRIT PETITION