IN THE HIGH COURT OF ANDHRA PRADESH AMAR (Special Original Jurisdiction) WEDNESDAY. THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1172 OF 2025 Between: Pasupuleti Guru Swamy, C/o Pasupuleti Venkaiah, Aged 76 years Muttembaka Village, Vakadu Mandal, Nellore, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh. 2. The District Collector, Tirupati District. 3. The Revenue Divisional Officer, Tirupati District. 4. The Tahsildar, Vakadu Mandal, Tirupati 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 of mandamus or any other appropriate writ, direction, order or orders declaring the order passed by the 4th respondent in Roc NO.132/2024A dated 15-10-2024 under Act 3 of Andhra Pradesh Land Encroachment Act, 1905 directing the petitioner to vacate the land situated in Sy. No. 154-1 in Ac.0-50cents in Muttembaka Village, Vakadu Mandal, Tirupati District as illegal, arbitrary, in violation of principles of natural justice and set aside the same and consequently direct the Respondents not to interfere with the Petitioners possession and enjoyment of the land situated in Sy No. 154-PI in Ac.0-50cents in Muttembaka Village, Vakadu Mandal, Tirupati District. lA 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 to suspend the impugned Order vide R.O.C.No.132/2024(A), dated 15-10-2024 issued by the Respondent No.4 and direct the respondents not to interfere with the peaceful possession of the property situated in the Sy.Nos.154-PI in Ac.0.50 cents in Muttembaka Village, Vakadu Mandal, Tirupati District. lA 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 to vacate the interim orders dt. 10-01-2025 and to dismiss the Writ Petition as there are no sustainable grounds in filing this Writ Petition before the Hon’ble Court. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010021722025 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: 1172/2025 Between: ...PETITIONER Pasupuleti Guru Swamy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 NV, J W.P.N0.1172 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAD DA WRIT PETITION NO: 1172/2025 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; to issue a writ of mandamus or any other appropriate writ direction, order or orders declaring the order passed by the 4^ respondent in Roc NO.132/2024A dated 15.10.2024 under Act 3 of Andhra Pradesh Land Encroachment Act, 1905, directing the petitioner to vacate the land situated in Sy. No. 1541 in Ac. 0-50 cents in Muttembaka Village, Vakadu Mandal, Tirupati District as illegal, arbitrary. In violation of principles of natural justice and set aside the same and consequently direct the Respondents not to interfere with the Petitioners possession and enjoyment of the land situated In Sy.No. 154-PI In Ac.0-50cents In Muttembaka Village, Vakadu Mandal, Tirupati District and pass...’’ 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. The claim of the petitioner is that he is in peaceful possession and enjoyment of the land admeasuring Ac.0-50 cents in Sy.No.154-P1 of Muttembaka Village, Vakadu Mandal, Tirupati District having acquired the same through agreement of sale vide No.5553 dated 07.09.2022. Since then, he has been cultivating the subject land and eking out of his livelihood. While things stood thus, the respondents herein straight away issued notice/order under Section 6 of Andhra Pradesh Land Encroachment Act, 1905 (for short “the Act”) on 15.10.2024 directing the petitioner to vacate the subject land. 3. 3 NV W.P.N0.1172 OF 2025 4. Learned counsel for the petitioner further submits that the impugned order dated 15.10.2024 under Section 6 of the Act is contrary to the principles of natural justice and also in violation of principle of fair and reasonable opportunity as required, while exercising the power by the authority. Moreover this notices/order shall preceeded by a show cause notice under Section 7 of the Act, but there is no compliance of the same. On the other hand, the 4^^ respondent filed counter, wherein it is stated 5. that; No-5 of the affidavit, it is submitted that, the Hon'ble “In reply to para .. . ■ . .u Court in several occasions directed the authorities to evict the unauthorized encroachments made in Government lands. The grievance received from pasupulati Rajaiah stating that the petitioner encroached an extent of Acs. 0.50 in Sy.No. 154/PI of Muttembaka village unauthorizedly, hence requested to take action as per rules. In this connection on enquiry the petitioner submitted a statement stating that the subjected land purchased through agreement of sale from lokku ramanamma who is leasedar of CJFS. The subjected land was not issued DKT patta to the writ petitioner it is encroached by petitioner. Hence, the respondent herein initiated action under the A.P.Land Encroachment Act, 1905 and issued notice vide Roc.No.Rc.B.107./2017/A, dt 23-08-2024 U/s 7 of the Act to the petitioner, the same was served to the petitioner on 23-08-2024. The petitioner did not chased to submit any explanation with in a stipulated period. Hence this respondent issued Section 6 notice to the petitioner on 15-10-2024, the said notice sent to the petitioner through VRO, and the said notice was received by the petitioner on 15-10-2024 and also acknowledged with his signature. The explanation offered by him no convincing. Hence, notice U/s 6 issued to the petitioner vide Roc. No. 152/2024-A, dt. 15-10-2024. Learned Assistant Government Pleader further submitted that the 6. petitioner was issued a notice under Section 7 of the Act on 23.08.2024 and after determining that the petitioner is an encroacher of the Government Land through Village VRO and served through village VRO on the same day itself. The subject land was already allotted for construction of a Government NV, J W.P.N0.1172 OF 2025 Project and due to the orders of this Court, the construction of project is stalled as such the respondents are ready to take steps in accordance with the provisions of the Act. Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue and on perusal of the material on record, this Court is of the considered view that the petitioner is in peaceful possession and enjoyment of the subject property and has been eking out his livelihood by cultivating the subject land. Further the contention of the learned counsel for the petitioner is that the notice under Section 6 of the Act is not proceeded by any show cause notice as contemplated under Section 7 of the Act. In the absence of any specific provided by the respondents along with the counter affidavit/written instructions to show that the petitioner was served notice under section 7 of the Act as contemplated under the Act and also in compliance of the principles of natural justice, the impugned notice is liable to be set-aside. 7. documents In view of the reasons stated above, the impugned notice issued under section 6 of the Act dated 15.10.2024 is hereby set-aside. However, the accordance with law and 8. respondents are at liberty to proceed further in principles of natural justice as soon as possible. Accordingly, the Writ Petition is allowed. There shall be no order as to 9. costs. 5 NV,, f W.P.NO.1172OF 2025 Consequently, Miscellaneous Petitions, if any, pending in the writ Sd/- N. NAGAMMA ASSISTANT REGISTRAR petition shall stand closed. / //TRUE COPY// SECTTON OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Andhra Pradesh. 2. The District Collector, Tirupati District. 3. The Revenue Divisional Officer, Tirupati District. 4. The Tahsildar, Vakadu Mandal, Tirupati District. 5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUO 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT DATED:30/04/2025 5 2 7 MAY 2025 ORDER a^* Currem section , WP.No.1172of2025 ALLOWING THE WP WITHOUT COSTS