APHC010507262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26482 of 2025 Between: 1. SIMHADRI SARASWATHI,, W/O. VENKATA RAO, HOUSEWIFE, PROPERTIES, R/O DOOR NO. 10/248-A-50, TEACHERS COLONY, GUDIVADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, 3. THE REVENUE DIVISIONAL OFFICER, GUDIVADA, KRISHNA DISTRICT. 4. THE TAHSILDAR, GUDIVADA, KRISHNA DISTRICT, ANDHRA PRADESH. 5. ANGADALA VENKAT RAO, S/O. RAMAIAH, AGED 71 YEARS, R/O. GUNTAKODURU VILLAGE, GUDIVADA MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): 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 Respondents No. 3 and 4 in trying to dismantle the Fish Tankexisting in an extent of Ac.46.99 cents in R.s.No.83 and Fish Tank existing inan extent of Ac.40.28 cents in R.s.No.86, 87, 88, 89 and 95 situated at Gutakoduru village of Gudivada Mandal, Krishna Districtwithou t conducting any enquiry in pursuance to the notice dated 07-08-2025 issued by the 4th Respondent under Section 7 of Andhra Pradesh Land 2 Encroachment Act, 1905 and without considering the explanation dated 18-08-2025 as illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondents not to dismantle the subject Fish Tanks. Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the 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 Nos.3 & 4 in trying to dismantle the Fish Tank existing in an extent of Ac.46.99 cents in R.S.No.83 and Fish Tank existing in an extent of Ac.40.28 cents in R.S.No.86, 87, 88, 89 and 95 situated at Gutakoduru village of Gudivada Mandal, Krishna District without conducting any enquiry in pursuance to the notice dated 07.08.2025 issued by the 4th Respondent under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and without considering the explanation dated 18.08.2025 as illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondents not to dismantle the subject Fish Tanks and pass such other order or orders ….” 2. Assailing the notice dated 17.09.2025, the present Writ Petition is filed. The respondent No.4 issued the impugned notice dated 17.09.2025, directing the petitioner to evict from the land in Sy.Nos.84 and 85 in an extent of Ac.0.79 cents and Ac.0.92 cents respectively, within 15 days from the date of impugned notice, failing which the petitioner will summarily be evicted from the said land and any crop or other product raised on the land and any building or other construction erected or anything deposited thereon will be held liable to forfeiture. 3. The petitioner would submit that they have not occupied any land as stated in the impugned notice and the respondents are attempting to dispossess the petitioner from the subject fish tanks on the ground that the petitioner has occupied the canal. Learned counsel appearing for the petitioner would submit that due to the recent rains, the bunds were 4 disturbed and this resulted in the submerging of canal and after completion of the fishing season and after draining the water, the petitioner immediately takes steps for repairing of the same by way of laying the fresh bunds. 4. Hence, the present Writ Petition is disposed of, directing the petitioner herein to file an affidavit/undertaking before the 4th respondent – Tahsildar for the aforesaid request within a period of two weeks from the date of order and the same may be considered by the authorities in accordance with law, as expeditiously as possible. Till such time, the respondent-authorities are directed not to take any coercive steps. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 26.09.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.26482 of 2025 Date: 26.09.2025 siva