IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY .THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10320 OF 2025 Between: Chikatia Harika, D/o. Mantri Manjula W/o. Chikatia Srinivas, aged 38 years R/o. 14-36-8/1/3, K.L. Rao Nagar, Pedagantyada, Visakhapatnam. ...PETITIONER AND 1. The State Of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District 2. The Special Deputy Collector (Land Acquisition), Visakhapatnam Steel Plant, Visakhapatnam. 3. The Joint Collector, Visakhapatnam District 4. The Tahsildar, Pedangantyada Mandal, Visakhapatnam. ...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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in may r interfering with the house premises of the petitioner without conducting any hearing and passing orders on the explanation by the petitioner to the show cause notice in Rc/No.98/2023/SA dated 14.11.2023 issued by the 4th respondent is illegal, arbitrary and violation of principles of natural justice and Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents not to interfere with the house premises bearing Door NO. 14-27-1/16, situated in an extent of 253.76 sq.yards in Sy.NO.64/ID Visakhapatnam. K.L.Rao Nagar, Pedagantyada Mandal, lA NO: 1 OF 2025 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 direct the respondents not to dispossess the petitioner from her house premises bearing Door No. 14-27-1/16, situated in an extent of 253.76 sq.yards in Sy.NO.64/11:), K.L.Rao Nagar, Pedagantyada Mandal, Visakhapatnam including by way of demolition. Counsel for the Petitioner: SRI. V V SATISH Counsel for the Respondents No.1 , 3 & 4: GP FOR REVENUE Counsel for the Respondent No.2: GP for LAND ACQUISITION The Court made the following Order: APHC010205742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3329] S MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10320/2025 Between: ...PETITIONER Chikatia Harika AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VVSATISH Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR LAND ACQUISITION The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10320/2025 ORDER; The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “ pleased to issue any writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in interfering with the house premises of the petitioner without conducting any hearing and passing orders on the explanation by the petitioner to the show cause notice in Rc/No.98/2023/SA dated 14.11.2023 issued by the 4^ respondent is illegal, arbitrary and violation of principles of natural justice and Article 14, 21 and 300-A of the Constitution of India and to consequently direct the respondents not to interfere with the house premises bearing Door NO.14-27-1/16, situated in an extent of 253.76 sq.yards in Sy.No.64/ID, K.L.Rao Nagar, Pedagantyada Mandal, Visakhapatnam and to pass ” Heard learned counsel for the petitioner and learned Government 2. Pleader for Revenue appearing for the respondents. 3. When the matter is taken up for hearing, learned counsel for the petitioner submits that the petitioner has been residing in the house bearing Door No. 14-27-1/16 situated in an extent of 253.75 Sq. Yards, in K.L.Rao Nagar, Pedagantyada Mandal, Pedagantyada, Sy.No.64/1D, Visakhapatnam and the petitioner’s house was assessed to property tax and the Electricity Department issued power connection. 4. He further submitted that the Government has issued G.O.Ms.No.296, dated 12.08.2015, enabling the occupiers of the Government land to apply for regularization. Accordingly, the petitioner applied for regularization under application No.VZGI001-50-72670, dated 08.04.2016. 5. It is further submitted that the 4**^ respondent surveyed the petitioner’s property in October, 2023 and found that the land is in Sy.No.64/1D of K.L. Rao Nagar, whereas the petitioner claims that the land in Sy.No.64/17 & 18 is not tallied with the Revenue Records. Therefore, the 4^'' respondent issued notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 through Rc.No.98/2023/SA, dated 14.11.2023 alleging that the petitioner is under encroachment admeasuring to an extent of 253.75 Sq. Yards of land covered with compound wall and asbestos shed to an extent of 28.66 Sq. was earlier acquired by the steel plant authority for rehabilitation of coolies and the said land is Government land and is classified as Assessed Waste Dry Land and therefore directed the petitioner to submit an explanation. Yards in Sy.No.64/ID and the same 6. It is further submitted that the 4*^ respondent issued above notice by wrongly mentioning petitioner’s name as Mantri Sireesha instead of Mantri Harika. Further it is submitted that the petitioner herein has submitted her explanation on 22.11.2023 to Section 7 notice. Thereafter in W.P. No.13510 of 2016 is filed. Wherein, this Hon’ble Court granted interim order protecting the petitioner’s possession. While so, on 28.03.2024, respondent Nos. 3 & 4 visited the subject house and threatened the petitioner that they would demolish the construction. Subsequently, the staff of the respondent Nos.3 & 4 are interfering with the peaceful possession of the petitioner, meanwhile, the 4*^ respondent has neither considered the petitioner’s explanation nor issued Section 6 notice. Hence, the present Writ Petition. In the On the other hand, learned Government Pleader submits that the respondent No.4 will the consider the explanation dated 22.11.2023 submitted by the petitioner to the Section 7 notice and would pass appropriate orders and proceed further in accordance with law. 7. X 8. Having regard to the submissions made by learned counsel for the petitioners and learned Government Pleader appearing for the respondents, this Court deems it appropriate to dispose of the present Writ Petition, directing the respondent No.4 to consider the explanation dated 22.11.2023 submitted by the petitioner to Section 7 notice and shall pass speaking order with sound reasons for further action in consonance to the principle laid down by this Court after providing an opportunity of personal hearing to the petitioner and other stake holders, if any, within four (04) weeks from the date of receipt of a copy of this Order. In the meanwhile, the respondents are 5 directed not to interfere with the peaceful possession and enjoyment of the subject property as stated herein without following the due procedure as contemplated. Accordingly, the Writ Petition is disposed of. There shall be no order as 9. to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District 1. The Special Deputy Collector (Land Acquisition), Visakhapatnam Steel . ■ A Plant, Visakhapatnam. 2. The Joint Collector, Visakhapatnam District 3. The Tahsildar, Pedangantyada Mandal, Visakhapatnam. 4. One CC to SRI. V V SATISH Advocate [OPUC] 5. Two CCs to GP for REVENUE ,High Court Of Andhra Pradesh. [OUT] 6. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh.[OUT] 7. 8. Three CD Copies vna HIGH COURT \ DATED:21/04/2025 ORDER ^21 AUG 2025 WP.No.10320 of 2025 Co' DISPOSING OF THE WRIT PETITION WITHOUT COSTS