IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9556 OF 2025 Between: 1. Taana Jaya, W/o. Late Taviti Naidu, Aged 36 years, R/o. Chinnayapeta Village, Regidi Amadalavalasa Mandal, Vizianagaram District. 2. Vaaranaasi Syam, S/o. Ramarao Aged 36 Years, R/o. D.No. 1-151, Main Street, Sankili Village, Regidi Amadalavalasa Mandal, Vizianagaram District. 3. Komarapu Bhaskararao, S/o. Late Chinni Krishna Aged 40 Years, R/o. D.No. 3-62, Chinnayyapeta Village, Regidi Amadalavalasa Mandal, Vizianagaram District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep by its Principal Secretary Revenue Department Secretariat Buildings, Amaravathi, Guntur District 2. The District Collector, Vizianagaram District. 3. The Revenue Divisional Officer, Cheepurupalli, Vizianagaram District 4. The Tahsildar, Regidi Amadalavalasa Mandal Vizianagaram District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the Notices vide Rc.No. 89/2025/A/Dt- 13.03.2025 under section 7 of AP Land Encroachment Act 1905 issued by the 4th respondent as illegal, arbitrary, uitra virus, contrary to the procedure established by law and contrary to the principles of natural justice apart from being vioiative of Article 21 and 300-A of the Constitution of India and consequentially set aside the same in the interest of Justice. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Notices vide Special Rc.No. 89/2025/A/Dt: 13.03.2025 under section 7 of AP Land Encroachment 1905 issued by the 4th respondent and direct the the petitioners from the land in Act respondents not to evict an extent of Ac. 0.005 Cents and mulberry shed an extent of Ac. 0.05 Cents and other shed in Ac. 0.015 cents total of Ac. 0.07 Cents of Chinnayapeta Village, Regidi Amadalavalasa Vizianagaram District. The land in Sy. Nos. 378, 375 and 382 total of Ac. 0.07 Cents pending disposal of the above writ petition in the interest of justice. Mandal, an extent Counsel for the Petitioner: SRI YARRAMSETTY VENKATESH Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER 0^^ APHC010187982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] Qi’ 0^4?! THURSDAY .THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9556/2025 Between: ...PETITIONER(S) Taana Jaya, and Others AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1. YARRAMSETTY VENKATESH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:9556/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the Notices vide Rc.No.89/2025/A/Dt:13.03.2025 under section 7 of AP Land Encroachment Act, 1905 issued by the 4'^ respondent as illegal, arbitrary, ultra virus, contrary to the procedure established by iaw and contrary to the principles of natural justice apart from being vioiative of Article 21 and 300-A of the Constitution of India and consequentially set aside the same in the interest of Justice and pass such other order or orders....” learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are in possession and enjoyment of the lands admeasuring to an extent of Ac.0.05 cents and Ac.0.015 cents totaling to an extent of Ac.0.07 cents in Sy.Nos.378. 375 and 382 respectively situated at Chinnayapeta Village, Regidi Amadalavalasa Mandal, Vizianagaram District since forty years without any interference or hindrance from any quarter. While respondent No.4 herein issued notice 13.03.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that the petitioners 2. Heard Ac.0.005 cents. so 1 herein encroached the subject lands, which are classified as Government Poramboke and directing the petitioners herein to submit their explanation within 15 days. Accordingly, the petitioners herein approached respondent No.4 to submit their explanation, but respondent No.4 refused to receive the same. Therefore, the petitioners herein sent their explanation through registered post with acknowledgment due to the respondents on 25.03.2025. Even after receipt of the said explanation, the respondents neither considered the same nor issued any proceedings. Hence, the writ petition. 4. On the other hand, learned Government Pleader for Revenue submits that the explanation submitted by the petitioners to the notice dated 13.03.2025 would be considered by the respondents in accordance with law. within a reasonable time. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents, on perusal o the material placed on record, this Court is of the considered view that the 5. present writ petition can be disposed of, directing the respondents to consider the explanation submitted by the petitioners through RPAD on 25.03.2025, to the notice dated 13.03.2025 issued under Section 7 of the Act, 1905, and pass appropriate orders, in accordance with the Andhra Pradesh Land Encroachment Act, 1905, within a period of four (04) weeks from the date of receipt of a copy of this order. Till then, the respondents are directed not to interfere with the peaceful possession and enjoyment of the subject property of the petitioners. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. SD/-K SRINIVASA RAJU ASSISTANT. REGISTRAR C^i^rtJFFICER //TRUE COPY// SE To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings Amaravathi, Guntur District The District Collector, Vizianagaram District. The Revenue Divisional Officer, Cheepurupalli, Vizianagaram District The Tahsildar, Regidi Amadalavalasa Mandal Vizianagaram District. One CC to Sri Yarramsetty Venkatesh Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. 7. TF 'm HIGH COURT DATED;10/04/2025 ORDER WP.No.9556 of 2025 ' 0! MAY 2025 J ^ . Current Section DISPOSING OF THE W.P., WITHOUT COSTS