APHC010517562025 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: 26794/2025 Between: 1. BHIMAVARAPU SAMBI REDDY, S/O BASIVI REDDY, AGED ABOUT 65 YEARS, OCC RETD SBI EMPLOYEE, R/O. D.NO. 4- 58, MAIN BAZAR, PARSONS PETA, UNGUTURU MANDAL KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, NUZVID DIVISION, KRISHNA DISTRICT. 4. THE TAHSILDAR, BAPULAPADU 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 CERTIORARI calling for records in and relating to the proceedings of the 4th respondent in impugned Notice R.C.B/10/2025 dated 22.07.2025 and quash the same after holding the same as illegal, arbitrary, without jurisdiction and pass IA 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 Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 26794 of 2025 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 CERTIORARI calling for records in and relating to the proceedings of the 4th respondent in impugned Notice R.C.B/10/2025 dated 22.07.2025 and quash the same after holding the same as illegal, arbitrary and without jurisdiction and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. The 4th respondent/Tahsildar, vide notice dated 22.07.2025, directed the petitioner herein to appear before the office of the Tahsildar, Bapulapadu Mandal, Krishna District on 28.07.2025 with all relevant documents, pattadar passbooks, link documents and conversion documents relating to the land in Survey No.201-4, 203-1, 210-2 and 213-2 of Ampapuram Village, Bapulapadu Mandal and to submit explanation. On 16.08.2025 the petitioner herein has submitted his explanation to the notice, dated 22.07.2025. 3. The procedure contemplated under Section 6 of the Act, to hold a summary inquiry into the facts of the case, means not to evict forcibly without taking into consideration the explanation offered by the encroachers. To fortify the said contention, this Court places reliance of the judgment of the common High Court of Andhra Pradesh in the 3 case of Pre. Jothi Education Society vs. Secretary, Major Irrigation1. The Division Bench of the High Court held as follows: “Since the respondents passed the order under Section 6 of the Encroachments Act on 28.4.2001 without considering the objections of the petitioner, in order to meet the ends of justice, the order passed by the respondents under Section 6 of the Encroachment Act on 28.4.2001 has to be set aside and we do so. Since we have held that the notice dated 18.4.2001 issued by the respondents under Section 7 of the Encroachment Act is a proper notice and the objections filed by the petitioner on 30.4.2001 have not been considered, we permit the respondents to pass appropriate order in the light of the objections filed on 30.04.2001 by the petitioner to the Sec.7 notice, according to law. Pending a decision by the respondents as directed by us, no coercive steps shall be taken against the petitioner by the respondents.” 4. In view of the above circumstances, this Court deems it appropriate to dispose of this writ petition directing the 4th respondent to examine the explanation submitted by the petitioner herein to the notice, dated 22.07.2025 and pass appropriate orders thereon in accordance with law. Till such time, the respondents are hereby directed not to take any coercive steps against the petitioner. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 26.09.2025 SPP 1 2002 (6) ALD 83 A 4 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 26794 OF 2025 Date: 26.09.2025 SPP