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: 10962 OF 2025 BETWEEN; 1, Kannagi, W/o Chinnatambi Ravi Aged about 54 years, R/o D.No.4-2471, Iruvaram, Chittoor, Chittoor District. 2. Chinnatambi Ravi, S/o Chinnatambi, Aged about 55 years R/o D.No.4-2471, Iruvaram, Chittoor, Chittoor District. 3. K.R. Sathish Kumar, S/o Chinnatambi Ravi, - Aged about 35 years, R/o D.No.4-2471, Iruvaram, Chittoor, Chittoor District. 4. K.R. Sendil Kumar, S/o Chinnatambi Ravi Aged about 33 years, R/o D.No.4-2471, Iruvaram, Chittoor, Chittoor District. 5. Sarath Kumar, S/o Chinnatambi Ravi, Aged about 31 years, R/o D.No.4-2471, Iruvaram, Chittoor, Chittoor District. 6. K.R. Sai Kumar, S/o Chinnatambi Ravi, Aged about 24 years, R/o D.No.4-2471, Iruvaram, Chittoor, Chittoor District. ..Petitioners I KA 6 \ AND 1. The State of Andhra Pradesh Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Chittoor District, Chittoor. 3. The Joint Collector, Chittoor, Chittoor District. 4. The Revenue Divisional Officer, Chittoor Division, Chittoor District. 5. The Tahsildar, Chittoor Rural, Chittoor District. ..Respondents % Petition under Article 226 of the Constitution that in the circumstances stated of India is filed praying in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the Respondents in attempting to dispossess the Petitioners from one action of the their property for an extent of Ac. 1-50 cents situated in Survey No.286 of Chittoor Village and Mandal, Chittoor District without following due process of law, is illegal, arbitrary, unjust, violation of fundamental rights guaranteed under Article 19, ^ 21 and more particularly property right guaranteed under Article 300-A of Constitution and Consequently direct the Respondents not to interfere with the Petitioners' peaceful possession and enjoyment of their property for extent of Ac. 1-50 cents situated in Survey No 286 of Chittoor Village and Mandal, Chittoor District without slowing due process of law and without disposal of the proceedings initiated under A.P. Act No.3 of 1905. an 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 direct the Respondents not to interfere with Petitioners' peaceful possession and enjoyment of their property for an extent of Ac.1-50 cents situated in Survey No.286 of Chittoor Village and Mandal, Chittoor District without following due process of law and without disposal of the proceedings initiated under A.P. Act No.3 of 1905 till disposal of the main Writ Petition and pass such other order/orders as the Hon'ble Court may deem fit and proper under the circumstances of the Counsel for the Petitioner(s):SRL A SYAM SUNDAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: the case. ■Si APHC010211062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE i PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10962/2025 Between: Kannagi ...PETITIONER AND The State Of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: 1.ASYAMSUNDAR REDDY Counsel for the Respondent: 1.GP FOR REVENUE The Court made the following: 2 % NV,J W.P.NO.10962 OF2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10962/2025 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 particuiariy one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in attempting to dispossess us from our property for an extent of Ac. 1-50 cents situated in Survey No. 286 of Chittoor Village and Mandal, Chittoor District \v/ithout following due process of law, is illegal, arbitrary, unjust, violation of fundamental rights guaranteed under Article 19, 21 and more particularly property right guaranteed under Article 300-A of Constitution and consequently direct the Respondents not to interfere with our peaceful possession and enjoyment of our property for an extent of Ac. 1- 50 cents situated in Survey No. 286 of Chittoor Village and Mandal, Chittoor District without following due process of law and without disposal of the proceedings initiated under A.P. Act No.3 of 1905 and pass..."{in verbatim) Heard learned counsel for the petitioners and learned Assistant 2. Government Pleader for Revenue appearing for the respondents. The grievance of the petitioners is that the respondent, without considering the petitioners’ absolute settled possession, issued a notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905(for short “the 3. Act”). In response, the petitioners sent Legal Notice No.20250213000012, dated 13.02.2025, to the respondent, requesting the 5^'^ respondent to drop all further action in this regard and not to interfere with the peaceful possession and enjoyment of the property. However, without following due process of law, the 5*'^ respondent is threatening to dispossess the petitioners ' from the respective land. Hence, the present writ petition. 3 NVJ^ W.P.N0.10962 0F202b \ On the other hand, learned Assistant Government Pleader for Revenue 4. appearing for the respondents submits that the legal notice is under consideration by the 5^^ respondent, and the 5*^ respondent shall consider the same in due course of time and pass appropriate orders in accordance with law. 5. Having regard to the submissions made by both learned counsel and on perusal of the material placed before this Court, this Court is of the considered view that the present writ petition can be disposed of by directing the 5*^ respondent to consider the petitioners’ legal notice dated 13.02.2025, submitted pursuant to the notice dated 24.02.2025 issued by the 5 respondent under Section 6 of the Act. The 5‘^ respondent shall th pass a speaking order by giving reasons after providing an opportunity of hearing to all the parties concerned, including the petitioners. However, the respondents are at liberty to proceed further within a reasonable time in compliance of+ the order and pass consequential orders, if necessary. Until such time, the respondents are directed not to interfere with the petitioner's possession and enjoyment of the subject property. 6. With the above directions, the writ petition is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR sectI^iTofficer //TRUE COPY// To Principal Secretary, Revenue Department, State of Andhra Velagapudi, Amaravati, Guntur 1. The Pradesh, Secretariat Building, District.[By Special Messenger] % 2. The District Collector, Chittoor District, Chittoor. The Joint Collector, Chittoor, Chittoor District. The Revenue Divisional Officer, Chittoor Division, Chittoor District. The Tahsildar, Chittoor Rural, Chittoor District. [2 to 5 by RPAD] One CC to SRI. A SYAM SUNDAR REDDY Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT] 3. 4. 5. 6. 7. 8. Three CD Copies ? '*1 a HIGH COURT DATED:30/04/2025 ORDER 2S JUV ’o\ mi 3C: col! ^7/ %^ Current Section ^ WP.No.10962 of 2025 THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS