IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) % 4r .’J'i TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE A / ' \ ^ - - V t PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11055 OF 2025 Between: Chanduluru Nithish S/o. Srinivasulu, Aged about 25 years, Cherukumudi Village, Manubolu Mandal, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Revenue Department, A.P. Secretariat, Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Podalakuru Division, Manubolu Mandal, SPSR Nellore District. 4. The Tahsildar, Manubolu Mandal, SPSR Nellore District. 5. The Village Revenue Officer, Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore 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 an appropriate writ order or direction more in the nature of Writ of Mandamus declaring the action of the 4^^ respondent in proceeding RcB.No.472/2025 dated 17-04-2025 under section 7 of the Andhra Pradesh Land Encroachment seeking to dispossess the petitioner from extent of Ac.1.02 cents in Sy. No. 143-1 and land A Act, 1905 of the 4th respondent his land LPM No. 359 to an in LPM 1461 to an extent of Ac. 2.32 cents in Sy. No. 144-1 of Cherukumudi Revenue Mandal, SPSR Nellore District Manubolu as highly illegal, arbitrary, unconstitutional and violative of Principles of Natural Justice and violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the LPM No. 359 to an respondents not to dispossess the petitioner his land extent of Ac.1.02 cents in Sy.No.143-1 and iand in LPM 1461 to an extent of Ac. 2.32 cents in Sy. No. 144-1 of Cherukumudi Revenue, Manuboiu Mandai, SPSR Neilore District by suspending the impugned notice dated 17-04-2025 in RcB.No.472/2025 issued by 4 Other order or orders th respondent and pass such may deem fit and proper in the circumstances of the case. lA NO: 1 OF ‘>C\0R Petition under Section 151 CPC stated in the affidavit filed i pleased Hon'ble Court praying that in the circumstances in support of the petition, the High Court may be may be pleased to direct the respondents not to dispossess the petitioner his land LPM No. 359 to an extent of Ac. 1.02 cents in Sy.No. 143-1 and land in LPM 1461 to an extent of Ac. 2.32 cents in Sy. No. 144-1 of Cherukumudi Revenue Manubolu Mandal, SPSR notice dated 17-04-2025 in respondent and pass such other order proper in the circumstances of the Neliore District by suspending the impugned RCB.No.472/2025 issued by 4 orders may deem fit and or case. Counsel for the Petitioner: SRI. KOPPARTHi Counsel for the Respondents: GP FOR REVENUE The Court made the following: SUMATHI APHC010210192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -0 [3329] ■. ■ .J*. TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11055/2025 Between; ...PETITIONER Chanduluru Nithish AND ...RESPONDENT The State Of Andhra Pradesh Counsel for the Petitioner: 1.KOPPARTHI SUMATHI Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11055/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "fo Issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of the respondent in proceeding RcB.No.471/2025 dated 17.04.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 of the 4^^ respondent seeking to dispossess the petitioner from his land LPM No. 359 to an extent of Ac.1.02 cents in Sy.No.143-1 and land in LPM No.1461 to an extent of Ac.2.32 cents in Sy.No.144-1 of Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District as highly illegal, arbitrary, unconstitutional and violative of principles of natural justice and violative of Article 14, 21 and 300-A of the Constitution of India and conseguently direct the respondents not to dispossess the petitioner from his land in LPM No. 359 to an extent of Ac.1.02 cents in Sy.No.143-1 and land in LPM No.1461 to an extent of Ac.2.32 cents in Sy.No.144-1 of Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District by suspending the impugned notice dated 17.04.2025 in RcB.No.472/2025 Issued by 4^^ respondent 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 is the absolute owner of the land admeasuring to an extent of Ac.1.02 cents in Sy.No.143-1 in LPM No.359, IB Katha No.234, having acquired the same through a registered settlement deed t.J 3 dated 09.05.2023. While things stood thus, the 4 th respondent issued proceedings/notice dated 17.04.2025 under Section 7 of the Pradesh Land Encroachment Act, 1905 to the Andhra petitioner. For which, the petitioner submitted his explanation. Later, the petitioner filed a writ petition No.30240 of 2024 before this Court, wherein this Court was pleased to pass an order dated 20.12.2024 status-quo. Thereafter, the 4*'' dated 06.03.2025 contrary to the orders Hence, the Writ Petition. granting an order of respondent issued an endorsement of this Hon’ble Court. 4. Learned Government Pleader for the respondents submits that the petitioner is available with statutory alternative remedy to challenge the order passed by the 4 respondent. Therefore, he can prefer an appeal before the Collector under Section Land Encroachment Act, 1905. If, the petitioner files 2^^ respondent will consider the within a reasonable time. 10 of the A.P. an appeal, the same and pass appropriate orders 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader the respondents and on perusal of the material placed Court deems it appropriate to dispose of the Writ for on record, this Petition directing the petitioner to prefer an appeal before the 2^' respondent/Dis trict Collector, within a period of three(3) weeks from of copy of this Order. After receipt of the the date of receipt said appeal, the 2 nd 4 respondent shall consider and dispose of the same, after providing opportunity of hearing to the parties concerned, within a period of three(3) months thereafter. 6. 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/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTfO^^FICER To 1. The Principle Secretary, State of Andhra Pradesh, Revenue Department, A.P. Secretariat, Amaravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Podalakuru Division, Manubolu Mandal, SPSR Nellore District. 4. The Tahsildar, Manubolu Mandal, SPSR Nellore District. 5. The Village Revenue Officer, Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District. 6. One CC to Smt. Kopparthi Sumathi, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies sree / HIGH COURT DATED:29/04/2025 s 0 5 JUN 2025 I ^ . Current Section ^*!!&£ESPATCV'*Sr^ ■a ORDER WP.No.11055of 2025 DISPOSING OF THE W.P. WITHOUT COSTS