Vi IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9148 OF 2025 Between: P Ranjan Kumar, S/o. Surya Prakash Rao, aged 58 years, Occ: Cultivation R/o.E-44, Panchavati Township, Akkireddypalem, Visakhapatnam. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Dept., Secretariat, Velagapudi, Guntur. 2. Collector and District Magistrate, Anakapalli, Anakapalli District. 3. Tahsildar, Chodavaram Mandal, Chodavaram, Anakapalli 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/ Direction more particularly one in the Nature of Writ of Mandamus declaring the impugned notice In Rc. NO.136/2025/A1 dt. 15.04.2025 issued by the 3rd respondent that too when the subject matter is pending adjudication as illegal, arbitrary, without jurisdiction besides violation of Art.14 & 300-A of the Constitution of India and consequently set aside the impugned notice in Rc. No.136/2025/A1 dt. 15.04.2025 issued by the 3rd respondent forthwith. (Prayer is amended as per the Court’s Order dt. 28.04.2025 in lA 02/25 in Writ Petition and Affidavit) lA NO: 1 OF 2Q2fi 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 stay of all further proceedings pursuant to impugned Rc.No. 136/2025/AI dt.22.03.2025 issued by the 3rd respondent against the petitioner forthwith pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SRINIVASULU KURRA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER notice in APHC010179352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9148/2025 Between: ...PETITIONER P Ranjan Kumar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SRINIVASULU KURRA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9148/2025 ORDER; This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned Notice in Rc.No. 136/2025/A 1, dated 15.04.2025 issued by the 3''^ respondent that too when the subject matter is pending adjudication as illegal, arbitrary, without jurisdiction besides violation of Art. 14 & 300-A of the Constitution of India and consequently set aside the impugned notice in Rc.No.136/2025/A1, dated 15.04.2025 issued by the 3'^ respondent against the petitioner forthwith and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner \s- the absolute owner and possessor of the land admeasuring to an extent of Ac.2.59 cents in Sy.Nos.67/2, 5, 6, 7, 8 and 19, 72/4, 72/5B, 71/1, 72/3A & B of Bhogapuram Village, Chodavaram Mandal, Anakapalli District, having acquired the same through a registered sale deed in the year 2016. Since then, the petitioner has been in possession and enjoyment of the subject property. While so, there is a notified cart track/rastha admeasuring to an extent of Ac.O.fB aents in survey No.67/1. He further submits 3 that the petitioner is having the lands in Sy.Nos.67/5 to 11 and the petitioner never encroached the land in Sy.No.67/1 as alleged by the respondents. He further submits that the petitioner was issued notice on 06.08.2024 under Section 7 of the A.P. Land Encroachments Act, 1905 alleging that the petitioner had encroached the cart track/rastha admeasuring to an extent of Ac.0.13 cents in Sy.No.67/1, which is classified as rastha poramboke land. For which, the petitioner submitted detailed explanation on 16.08.2024; Even after receipt of the explanation, without considering the said explanation again the petitioner was issued notice under Section 7 on 22.03.2025. The said notice was assailed in the present writ petition on the ground that the respondents are not entitled to issue notice after notice without considering the explanation for earlier notice, which is nothing but deprivation of principles of natural justice and principle of Fair and Reasonableness on the part of the respondents. Hence, the present Writ Petition. 4. Pending the Writ Petition, the respondents cannot issue notice/order dated 15.04.2025 under Section 6 of the A.P. Land Encroachment Act, 1905 directing the petitioner to evict the subject land admeasuring to an extent of Ac.0.13 cents in Sy.No.67/1. The said notice was brought on the file of record by way of I.A.No.2 of 2025. 4 ■r> 5. On the other hand, learned Government Pleader for the rd respondents furnished written instructions issued by the 3 respondent dated 15.04.2025, wherein it is stated as follows; “The encroached Government land is abutting the writ petitioner’s private land, shown in the affidavit filed'in support of the writ petition. De facto, the writ petitioner maintained to encroach the Government land stated by showing the private land number in the registered document. He has the Zeroyithi/private lands very adjacent to the Government land i.e. Sy.No.67-1. Further, submitted that the neighbouring farmer of the writ petitioner, named Surisetti Maheswara RAo, W/o.Polinaidu filed the grievance petition NO.ANPL2024121654 dated 16.12.2024 in, the PGRS programme to the District Collector, Anakapalli, which is conducted every Monday, alleging that the writ petitioner is illegally restraining him from passing his agricultural fields by erecting the gates. On this, a field enquiry was conducted by the Village Revenue Officer and the Village Surveyor of Bhogapuram village and reported (copy enclosed) that the writ petitioner erected the gates on the Government land to an extent of Ac.0.13 cents in Sy.No.67-1 of Bhogapuram. The entire extent of Ac.0.13 cents in Sy.No.67-1 was under the illegal occupation of the writ petitioner, there is a quarrel between them over the boundaries of their holdings. On the request made by the both persons, a survey was conducted, and 5 the boundaries of their holdings were shown and then issued survey certificate (copy enclosed). Without having authority, the writ petitioner was found encroaching on the government land and obstructing the neighbouring ryoths from passing through the Government Rasta. It is respectfully submitted that inter alia basing on the material on record available and enquiry reports submitted by the VRO and VS, action was initiated under Sec. 7 of the Andhra Pradesh Land Encroachment Act, 1905, to protect the government property. Under the said act, notices dated 22.03.2025 and 06.08.2024 were issued to the writ petitioner for taking necessary action under due process of law.” 6. Learned Government Pleader for the respondents further submits that the petitioner himself admitted in his affidavit at para 7 that the land admeasuring to an extent of Ac.0.13 cents in Sy.No.67/1 was classified as cart track/rastha, which is used by the petitioner for his ingress and egress to his patta land. He further stated that to protect his interest of ingress and egress, he fenced the subject cart track without any authority and closing the cart track is nothing but unauthorized occupation of subject land, which is classified as Government Land. 7. Having considering the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, it is % 6 observed that the land admeasuring to an extent of Ac.0.13 cents in Sy.No.67/1 was classified as cart track/Rastha/Government Land. Once it is classified as cart track/Rastha as per the revenue records it can make yse and it should be declared as community land/rastha. Therefore, the petitioner is entitled to make use the same to approach his lands. But it cannot be closed/fenced by the petitioner as if it is his own property. As contended by the learned counsel for the petitioner, the petitioner is having lands in Sy.No.67/5, but the petitioner did not encroach any land situated in Sy.No.67/1 and he is trying to protect his land in Sy.No.67/5 only is to be determined by ther espodnents by way of ample evidence or by conducting survey only. If that is so, as such the allegation of encroachment of the land in Sy.No.67/1 by the petitioner does not arise, as seen whether the said contention of the petitioner should be determined right or wrong only by conducting survey and demarcation and by considering the explanation submitted by the petitioner. 8. It is further observed that it is settled preposition of law once notice was issued under Section 7 of the A.P. Land Encroachment Act, 1905 and if any explanation is submitted to that effect, it is statutory compliance on the part of the respondents to consider same and pass appropriate orders, once the explanation was called fdr. Without doing so, issuing any other order, is contrary 7 if Cr to the principles of natural justice and principle of fair and reasonableness on the part of the public authority. 9. In the instant case, it is found that the petitioner was issued notice under Section 7 of Act, 1905 on 06.08.2024. For which, the th petitioner submitted explanation on 17.08.2024. Therefore, the 4 respondent is under the statutory obligation to consider the same and pass appropriate orders. Without doing so again issuing notice under Section 7 as well as order under Section 6 of Act, 1905 is deviation of the constitutional rights of the petitioner in respect of the land situated in Sy.No.67/5. 10. In view of the reasons stated above, the notice dated 22.03.2025 issued under Section 7 of Act, 1905 and order dated 15.04.2025 issued under Section 6 of Act, 1905 are hereby set aside. However, the 4*'^ respondent is hereby directed to consider the explanation of the petitioner dated 16.08.2024. If the same is not available, the petitioner is hereby directed to submit the explanation afresh, within a period of one(1) week from the date of receipt of copy of this Order. After such submission, the 4**^ respondent is directed to consider the same and pass appropriate orders, after having clear demarcation between the land in Sy.No.67/5 and 67/1 and after providing opportunity of hearing to the parties concerned, within a period of two(2) months from the date of receipt of copy of this Order. If the petitioner fails to submit the explanation within a 8 period of one(1) week from the date of receipt of copy of this order, the 4*^ respondent is at liberty to proceed further in accordance with fir--' law. 11. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- U.SRI DEVI ASSISTANT REGI^AR //TRUE COPY// SECTION OFFICER To, Secretariat, Velagapudi Principal Secretary, Revenue Dept. 1. The Guntur. 2. The 3. TheTahsildar 4. One CC to Sri Srinivasulu Kurra, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Collector and District Magistrate, Anakapalli, Anakapalli District. Chodavaram Mandal, Chodavaram, Anakapalli District. 6. Three CD Copies TF HIGH COURT DATED:28/04/2025 ORDER WP.No.9148 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS