IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12124 OF 2025 Between: Tillapudi Nageswara Rao, S/o Late Ramu, Age 54 years, Resident of D. No. 1-4, Kummara Street, Sunkarapalem, Tallarevu Mandal, Kakinada District. Kajuluri Satyavathi, W/o K. Adinaryana, Age 56 years. Resident of D. No. 6-2-15/2B, Kummara Street, Rampachodavaram, Alluri Sitharama Raju District. 1. 2. ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Secretary, Revenue and Land Acquisition Department, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Kakinada District, The Tahsildar, Sunkapalem Village, Tallarevu Mandal,Kakinada District. The Mandal Development Officer, Tallarevu Mandal, Kakinada District. The Gram Panchayath, Represented by its Secretary, Sunkarapalem Village, Tallarevu Mandal, Kakinada District. 1. 2. 3. 4. 5. ...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 or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents no.2 to 5 in issuing the Eviction Notice to the Petitioners, vide proceedings Ref. A/42/2021, dt.23.02.2022 under Section 7 of A.P.L.E Act III of 1905 and ^ interfering with peaceful possession and enjoyment of Petitioner's property tp, the extent of Ac 0.03 cents, situated in R.S. No. 123, Plot No. 11, Sunkarapallem, Tallarevu Mandal, Kakinada District and where the suit is pending vide O.S. No. 750/2023, on the file of the Special Judicial First- Class Magistrate court for Prohibition and Excise, Kakinada which is arbitrary, against the principles of natural justice and violation of Article 14, 19, 21 and 300 A of Constitution of India. 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 no.3 to 5 not to interfere with the possession of the Petitioner’s property to the extent of Ac 0.03 cents, situated in R.S. No. 123, Plot No. 11, Sunkarapallem, Talla Revu Mandal, Kakinada District; till pending disposal of the above writ petition. Counsel for the Petitioners: SRI SESHU KUMAR MALI Counsel for the Respondent Nos.1 to 3: SRI T. SANJEEVA RAO, AGP FOR REVENUE Counsel for the Respondent Nos.4 & 5: SRI CHAITANYA FOR SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER 1 APHC010233842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WM [3328] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12124/2025 Between: 1. TILLAPUDI NAGESWARA RAO, S/0 LATE RAMU, AGE 54 YEARS, RESIDENT OF D.NO.1-4, KUMMARA STREET, SUNKARAPALEM, TALLAREVU MANDAL, KAKINADA DISTRICT. 2. KAJULURI SATYAVATHI, W/0 K. ADINARAYANA, AGE 56 YEARS, RESIDENT OF D.N0.6-2-15/2B, KUMMARA STREET, RAMPACHODAVARAM, ALLURI SITHARAMARAJU DISTRICT. ...PETITIONERSS AND 1 .THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, REVENUE AND LAND ACQUISITION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KAKINADA DISTRICT. 3.THE TAHSILDAR, SUNKAPALEM VILLAGE, TALLAREVU MANDAL, KAKINADA DISTRICT. 4.THE MANDAL DEVELOPMENT OFFICER, TALLAREVU MANDAL, KAKINADA DISTRICT. 2 5.THE GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, SUNKARAPALEM VILLAGE, TALLAREVU MANDAL, KAKINADA DISTRICT ...RESPONDENTS Counsel for the Petitioners: 1.SESHU KUMAR MALI Counsel for the Respondent: 1. The Court made the following: ORAL ORDER: Heard Sri Banka Nageswara Rao, learned Counsel for the Writ Petitioners, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri Chaitanya, learned Counsel appearing on behalf of Sri Y Koteswara Rao, learned Standing Counsel for the Respondent Nos.4 & 5. 2. Learned Counsel for the Writ Petitioners submits that the Tahsildar of Tallarevu Mandal (Respondent No.3) had issued Eviction Notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (Ex.P2). Thereafter, the Petitioners filed a Suit bearing O.S.No.750/2023 for Permanent Injunction in the Court of Special Judicial First-Class Magistrate’s Court for Prohibition & Excise, Kakinada. I.A.No.183/2023 in The Petitioners have also filed O.S.No.750/2023 seeking Temporary Injunction. Government of Andhra Pradesh represented by the District Collector, Kakinada is arrayed as Defendant No.6 in O.S.No.750/2023. Vide Order dated 10.08.2023, learned Special JFC Magistrate’s Court for Prohibition & Excise, Kakinada, was pleased to grant Temporary Injunction, restraining the Defendants/Respondents from interfering with the peaceful enjoyment of the property in any manner till 24.08.2023. It is submission of the learned Counsel for the Writ Petitioners that the said Interim Injunction has been extended from time to time. The present Writ Petition is filed challenging the Eviction Notice dated 25.03.2022 (Ex.P.2). Learned Counsel for the Writ 3 Petitioners would submit that despite grant of Interim Injunction by the trial Court, the Official Respondents are still interfering with the possession of the Petitioners. 3. The Order of Interim Injunction granted by the trial Court would bind every Authority in the District inasmuch as the District Collector of Kakinada has been arrayed as Defendant No.6 in the Suit. Until the trial Court modifies with the Interim Injunction granted on 10.08.2023, which is extended from time to time, the said Interim Injunction certainly binds the Official Respondents. t or varies With the above observations, this Court is of the opinion that the present Writ Petition can be disposed of, at the admission stage, without going Accordingly, this Writ Petition is disposed of with the 4. into the merit, clarification that the Temporary Injunction granted by the Special JFC Magistrate’s Court for Prohibition & Excise, Kakinada dated 10.08.2023 in I.A.No.183/2023 in O.S.No.750/2023 binds the Authorities until such temporary Injunction is varied or modified by the trial Court. No order as to costs. It is clarified that this Court has not expressed anything on merit insofar the Suit bearing O.S.No.750/2023 which is pending before the Court of Special JFC Magistrate’s Court for Prohibition & Excise, Kakinada Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR 5. as 6. / //TRUE COPY// r ^ SECTION OFFICER To, 1. The Secretary, Revenue and Land Acquisition Department, State of Andhra Pradesh, Secretariat Buildings, 'Velagapudi, Guntur District. 2. The District Collector, Kakinada District, 3. The Tahsildar, Sunkapalem Village, Tallarevu Mandal,Kakinada District 4. The Mandal Development Officer, Tallarevu Mandal, Kakinada District. 5. The Secretary, Gram Panchayath, Sunkarapalem Village, Tallarevu Mandal, Kakinada District. 6. One CC to Sri Seshu Kumar Mali, Advocate [OPUC] 7. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 8. Two CCS to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb -f! HIGH COURT DATED:06/05/2025 ORDER c; o> g 26JUN2(P5 WP.No.12124of 2025 . Current Secnon DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS