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2025 DAILYLAW 44759 (AP)

SRI MANUKINDA LAKSHMI NARAYANA v. THE STATE OF ANDHRA PRADESH

WP/10480/2025 · 2025-04-22

Venkateswarlu Nimmagadda

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF APRILy^ TWO THOUSAND AND TWENTY FIVE 7 O -O' OUl O Vi I'l ^ Cx '>>. PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NQ: 1048Q OF onoK NIMMAGADDA Between: 1. Sri Manukinda Lakshmi Narayana, S/o Rangadu R/o D. No. 2-119, Chinnavadugu Anantapur District. Aged about 54 years Village, Peddavaduguru Mandal, ru 2. Sri Manukinda Bala Anjineyulu S/o Sanjappa, Aged about 66 years, R/o D. No. 2-98A, Chinnavaduguru Village, Peddavaduguru Mandal Anantapur District. 3. Sri Jadam Sanjeevudu, S/o J. No. 2/148, Anantapur District. 4. Sri Manikinda Sanjappa, S/o Late R/o D. No. 2-101, Chinnavaduguru Village Anantapur District. 5. Sri Manukinda Hanumanna, R/o D. No. 2/100, Chinnavaduguru Village Anantapur District. Sanjappa, Aged about 66 years, R/o D. Chinnavaduguru Village, Peddavaduguru Mandal, M. Sanjappa, Aged about 85 years, Peddavaduguru Mandal, S/o M. Sanjappa, Aged about 66 years, Peddavaduguru Mandal, 6. Smt. Abedodi Bella Sreedevi about 52 W/o A B Range Prasad Reddy, Aged years, R/o D. No. 15-572, Chinnavaduguru Village Peddavaduguru Mandal, Anantapur District. 7. Sri Mangala Ranganayakullu, S/o Mangala Rangamuni years, R/o D. No. 2-141, Chinnavaduguru Mandal, Anantapur District. Aged about 36 Village, Peddavaduguru ...Petitioners ' , AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, Secretariat Buildings, Velagapudi, Amaravati District. 2. The District Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur Division 4. The Tahsildar, Peddavaduguru Mandal, Anantapur District. Revenue Guntur Anantapur 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 be pleased to issue a Writ, Order may or Direction, particularly one in the nature of a Writ of Mandamus, declaring the action of the 4"’ respondent in passing orders under the section 6 of the Andhra Pradesh Land Encroachment Act, 1905, vide Rc. No. A/22/2025 arbitrary, and violative of Articles 14 dated 19.04.2025 illegal 19, and 300A of the Constitution of India. Consequently, set aside the orders vide Rc. No. A/22/2025 dated 19.04.2025. passed by the 4TH respondent, lA NO: 1 OF ?n?f; 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 orders passed by the 4"’ respondent, vide Rc No A/22/2025 dated 19.04.2025, by directing the respondents not to interfere with the peaceful possession and No. 111, and extent of Ac. 0.03 Cents each Village, Peddavaduguru Mandal, Anantapur District. Counsel for the Petitioners: SRI K. SRINIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following: enjoyment of the petitioners land in Sy. situated in Chinnavaduguru r APHC010210582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10480/2025 Between: Sri Manukinda Lakshmi Narayana and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.KSRINIVAS 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: 10480/2025 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 action of the 4^^ respondent in passing orders under the section 6 of the Andhra Pradesh Land Encroachment Act, 1905 vide Rc. No.A/22/2025 dated 19.04.2025 as illegal, arbitrary and violative of Articles 14, 19 and 300-A of the Constitution of India and conseguently set aside the orders passed by the 4^^ respondent vide Rc.No./V22/2025 dated 19.04.2025 in the interest ofjustice and pass such other order. ’’ 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners have been in occupation of the land admeasuring to an extent of Ac.0.03 cents each in Sy.No.111, Chinnavaduguru Village Peddavaduguru Mandal, Anantapur District. The petitioners are also paying the house tax to the Gram Panchayat and also got electricity service connection to their respective houses. While things stood thus, the respondent issued notice dated 31.01.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 to the petitioners. For which, the petitioners submitted their explanation. But the 4'*^ respondent did not consider the explanation submitted by 3 the petitioners and issued proceedings dated 19.04.2025 under Section 6 of the A.P. Land Encroachment Act, 1905. Hence, the Writ Petition. 4. Learned Government Pleader for the respondents submits that if the petitioners \A/ant to challenge the order passed by the 4 respondent, they can prefer an appeal before the Collector under th Section 10 of the A.P. Land Encroachment Act, 1905. If the petitioners prefer an appeal, the authorities will consider the same and pass appropriate orders within a reasonable time. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to prefer an appeal before the 2'"'^ respondent/District Collector, within a period of three(3) weeks from the date of receipt of copy of this Order. After receipt of the said appeal, the 2 respondent shall consider and dispose of the same in accordance with law, within a period of three(3) months thereafter. Till then, status-quo obtaining as on today shall be maintained by all the parties concerned. nd 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. \ 4 <r; As a sequel miscellaneous application, pending, if any, shall / also stand closed. Sd/- M SRINiyAS ASSISTANT REGIS/TRAR //TRUE COPY// ON OFFICER SE To. 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Anantapur, Anantapur Distric 3. The Revenue Divisional Officer, Anantapur Division, Anantapur District.. 4. The Tahsildar, Peddavaduguru Mandal. Anantapur District. 5. One CC to Sri K Srinivas, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies sree / HIGH COURT DATED:23/04/2025 ORDER WP.No.10480 of 2025 OF AND#^ 0 3 JUN 2025 13: mil O to A, DISPOSING OFTHEW.P. WITHOUT COSTS