IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) / WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE / . / PRESENT i HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4102 OF 2025 Between: 1. Thuraka Chinna Masthan @ Masthanaiah, S/o. Chinna Masthanaiah, Aged about 43 years, Occ Agriculture, R/o. Molakalapundia Village, Sydapuram Mandal SPSR Nellore District. 2. Achi Sasi Kumar, K/o. Krishnaiah, Aged about 24 years, Occ Agriculture, R/o. Kammavaripalem, Sydapuram Mandal SPSR Nellore District. 3. Main Subba Rao, S/o. late Buddaiah, Aged about 46 years, Occ Agriculture, R/o. B.C.Colony, Kammavaripalem, Sydapuram Mandal, SPSR Nellore District. 4. Achi Krishnaiah, S/o. Venkaiah, Aged about 55 years, Occ Agriculture, R/o. Kammavaripalem, Sydapuram Mandal SPSR Nellore District. 5. Thuraka Chinna Masthanaiah @ Masthanaiah, S/o. Bhudhaiah, Aged about 72 years, Occ Agriculture, R/o. Molakalapundia Village, Sydapuram Mandal SPSR Nellore District. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by Principal Secretary (Revenue Department) Secretariat Buildings at Amaravathi. 2. The District Collector, SPSR Nellore, District. Nellore. 3. The Revenue Divisional Officer, Gudur Division, Gudur, SPSR Nellore District. 4. The Tahsildhar, Sydapuram Mandal, Sydapuram, 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent % No.4, who has failed to consider the explanation dated 30.12.2024 of the petitioners to the Notice, dated 26.12.2024, bearing RC.B.470/2024 issued under section 7 of Andhra Pradesh Land Encroachment Act III of 1905, thereafter issuing eviction Notice, dated 08.01.2025 bearing RC.B.470/2024, under Section 6 of Andhra Pradesh Land Encroachment Act III of 1905, further trying to evicting the 5 petitioners by removing the existing Lemon Trees in the Notice Schedule land, situated in Survey No. 793, Molakalapunda Village Sydapuram Mandal, SPSR Nellore District as illegal, arbitrary and against the principles of natural justice and consequently set aside the Notice, dated 08.01.2025 bearing RC.B.470/2024 of the Respondent No.4. lA NO: 1 OF 2025 Petition under Section 15TCPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities not to take any corrective steps in evicting the petitioners by removing the existing Lemon Trees in the Notice Schedule land, situated in Survey No. 793, Molakalapunda Village, Sydapuram Mandaj/^PSR Nellore District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI V.ROOPESH KUMAR REDDY Counsel for the Respondents: GP FOR REVENUE — The Court made the following order: APHC010080512025 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: 4102/2025 Between: Thuraka Chinna Masthan @ Masthanaiah and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitloner(S); 1 .V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 NVJ W.P.N0.4102 OF 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4102/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: ...to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.4 who has failed to consider the explanation dated 30.12.2024 of the petitioners to the Notice, dated 26.12.2024, bearing RC.B.470/2024 issued under section 7 of Andhra Pradesh Land Encroachment Act III of 1905 ,thereafter issuing eviction Notice, dated 08.01.2025 bearing RC.B.470/2024 under Section 6 of Andhra Pradesh Land Encroachment Act III of 1905, further trying to evicting the petitioners by removing the existing Lemon Trees in the Notice Schedule land situated in Survey No.793, Molakalapunda Village, Sydapuram Mandal, SPSR Nellore District, as illegal, arbitrary and against the principles of natural justice and consequently set aside the Notice, dated 08.01.2025 bearing RC.B.470/2024 of the Respondent No.4 and pass....” No representation for the petitioners. 2. 3. Heard learned Assistant Government Pleader for Revenue for the respondents. appearing 4. Learned Assistant Government Pleader for the Revenue submits that the claim of the petitioners is that they are in peaceful possession of the land in Sy.No.793 of Molakalapunda Village, Sydapuram Mandal, SPSR Nellore District. While so, the 4"^ respondent herein issued a notice to the petitioners under Section 7 of the Andhra Pradesh Land Encroachment Act 5. 1905 (for short the Act”) and directed to submit an explanation. Pursuant to which, the petitioners submitted a detailed explanation to the notice issued by the 3 W.P.N0.4102 OF20^ respondent-authorities under Section 7 of the Act. However, despite receiving the petitioner’s explanation dated 31.12.2024, the 4*^ respondent without considering the explanation and without making any whisper about the contentions raised by the petitioners, passed the impugned order under Section 6 of the Act directing the petitioners to evict from the subject land. 6. The case of the petitioners is that the impugned order dated 08.01.2025, under Section 6 of the Act is in violation of principles of natural justice and also violation of principle of fair and reasonable opportunity required, while exercising the power by the authority under the provisions of Section 6 of the Act. Therefore, the order passed by the respondent-authority under Section 6 of the Act is liable to be set-aside. as On the other hand, learned Assistant Government Pleader for Revenue appearing for the respondents fairly submitted that the 4‘^ respondent herein while passing the impugned order under Section 6 7. of the Act, dated 08.01.2025, did not consider the explanation submitted by the petitioners in perspective manner’and as contended by the petitioners herein. 8. Considering the facts and circumstances of the case, it is observed that the impugned order passed by the 4*'' respondent on 08.01.2025, is contrary to the principles of natural justice and principles of fair and reasonable opportunity to be provided in favour of the petitioners. It is settled law as held by this Court, while passing order under Section 6 of the Act, it is the statutory obligation on part of the 4*^ respondent that he should consider the I 4 A NV,J W.P.N0.4102 OF 2025 ■r, explanation given by the petitioners to the notice issued under section 7 of the Act and should give reasons for rejection and to order eviction, but in the case in hand nothing was observed, which is contrary to law, illegal and arbitrary. In view of the above observations, the impugned order is liable to be set-aside. 9. Accordingly, the Writ Petition is allowed by setting aside the order dated 08.01.2025, of the 4*'^ respondent. Further, the matter is remanded to 4 th respondent to proceed further, in accordance with law as observed above. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K KASIRAO ACHAro assistant SECTION OFFICER //TRUE COPY// To 1 The Principal Secretary (Revenue Department), State of Andhra Pradesh, Secretariat Buildings at Amaravathi. 2. The District Collector, SPSR Nellore District, Nellore. 3. The Revenue Divisional Officer,.Gudur Division, Gudur, SPSR Nellore District. 4. The Tahsildhar, Sydapuram Mandal, Sydapuram, SPSR Nellore District 5. One CC to Sri V Roopesh Kumar Reddy, Advocate [OPUC] 6. Two CCS to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM HIGH COURT \ DATED:23/04/2025 ORDER WP.No.4102 of 2025 5 U OCT 2025 „ Current Section w ALLOWING THE WP WITHOUT COSTS