& APHC010398802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 871 OF 2n?f> Writ Appeal under clause 15 of the Letters Patent against the Order dt 29.05.2025 passed in WP. No. 13892 of 2025 on the file of the High Court. Between: 1. Gaali Sambaiah,, S/o. Venkateswarlu, Aged 55 years, Occ; Cultivation, R/o. Potharlanka Village, Kolluru Mandal Guntur District). Gaali Kristenu,, W/o. Sambaiah, aged 52 years Potharlanka Village, Kolluru Mandal, Bapatia District (formerly Guntur District) Bapatia District (formerly 2. Occ: Cultivation, R/o. ...Appellants/Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary Government, Amaravati, Guntur District. The District Collector, Bapatia District at Bapatia. The Joint Collector, Bapatia District at Bapatia. The Revenue Divisional Officer, Repalle Revenue Division Bapatia District. 1. to Revenue Department, Secretariat, Velagapudi, 2. 3. 4. at Repalle 5. The Tahsildar, Kolluru Mandal, Bapatia District. 6. The Mandal Revenue Inspector, Kolluru Mandal, Bapatia District. 7. The Station House Officer, Kolluru Police Station, Kolluru Mandal, Bapatia District. 8. The Village Revenue Officer, Potharlanka Revenue Village, Kolluru Mandal, Bapatia District. 9. Asmathunnisia, W/o. Late. Mir Wahedullah, aged 87 years, R/o. D.No. 12-7-39, Hayath Khan Street, Tarpet, Vijayawada, NTR District. ...Respondents lA NO: 3 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 suspend the operation of Order in Rc.No.188/2020-DT, dated 13.05.2025 passed by the 5*^ Respondent and consequently direct the Respondents not to evict the Petitioners from their agricultural land admeasuring Ac. 2.72 Cents covered by Sy. No. 544-3 of Ravilanka Village, Kolluru Mandal, Bapatia District, pending disposal of main Writ Appeal. lA NO: 4 OF 2025 Between: Asmathunnisia, aged 87 years, W/o. Late. Wahedullah, Adepalli Village, Bhattiprolu Mandal, Presently residing at R/o. D.No. 12-7-39, Hayath Khan Street, Tarpet, Vijayawada, NTR District. ...Petitioner/Respondent No. 9 AND 1. Gaali Sambaiah,, S/o. Venkateswarlu, Aged 55 years, Occ: Cultivation, R/o. Potharlanka Village, Kolluru Mandal, Bapatia District (formerly Guntur District). 2. Gaali Kristenu,, W/o. Sambaiah, aged 52 years, Occ: Cultivation, R/o. Potharianka Viiiage, Koiiuru Mandai, Bapatia District (formeriy Guntur District) ...Appellants/Petitioners 3. The State of Andhra Pradesh, Rep. by its Principai Secretary to Government, Revenue Department, Secretariat, Veiagapudi, Amaravati, Guntur District. 4. The District Coiiector, Bapatia District at Bapatia. 5. The Joint Coiiector, Bapatia District at Bapatia. 6. The Revenue Divisionai Officer, Repaiie Revenue Division, at Repaiie, Bapatia District. 7. The Tahsiidar, Koiiuru Mandai, Bapatia District. 8. The Mandai Revenue inspector, Koiiuru Mandai, Bapatia District. 9. The Station House Officer, Koiiuru Poiice Station Koiiuru Mandai, Bapatia District. 10. The Viiiage Revenue Officer, Potharianka Revenue Viiiage, Koiiuru Mandai, Bapatia District. ...Respondents/Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to vacate the interim order granted in W.A .No. 871 of 2025 dated 05-08-2025. Counsel for the Petitioners: M/s NIMMAGADDA REVATHI Counsel for Respondent No. 1 to 6 and 8;GP FOR REVENUE Counsel for Respondent No. 7: GP FOR HOME Counsel for Respondent No. 9: M/S MD NAYAB RASOOL The Court made the following order: APHC010398802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT APPEAL NO: 871/2025 Writ Appeal under clause 15 of the Letters Patent to set-aside the Order dt. 29.05.2025 passed in WP. No. 13892 of 2025 and consequently allow the . Writ Appeal Between; 1.GAALI SAMBAIAH,, S/0. VENKATESWARLU, AGED 55 YEARS, OCC CULTIVATION, R/0. POTHARLANKA VILLAGE, KOLLURU MANDAL, BAPATIA DISTRICT (FORMERLY GUNTUR DISTRICT). 2.GAALI KRISTENU,, W/0. SAMBAIAH, AGED 52 YEARS, OCC CULTIVATION, R/0. POTHARLANKA VILLAGE, KOLLURU MANDAL, BAPATIA DISTRICT (FORMERLY GUNTUR DISTRICT) ...APPELLANT(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, BAPATLA DISTRICT AT BAPATLA. 3.THE JOINT COLLECTOR, BAPATLA DISTRICT AT BAPATLA. 4.THE REVENUE DIVISIONAL OFFICER, REPALLE REVENUE DIVISION, AT REPALLE, BAPATLA DISTRICT. 5.THE TAHSILDAR, KOLLURU MANDAL, BAPATLA DISTRICT. 6.THE MANDAL REVENUE INSPECTOR, KOLLURU MANDAL, BAPATLA DISTRICT. 7.THE STATION HOUSE OFFICER, KOLLURU POLICE STATION KOLLURU MANDAL, BAPATIA DISTRICT., 8.THE VILLAGE REVENUE OFFICER, POTHARLANKA REVENUE VILLAGE, KOLLURU MANDAL, BAPATLA DISTRICT. 9.ASMATHUNNISIA, W/O. LATE. MIR WAHEDULLAH, YEARS, R/0. D.NO. 12-7-39, HAYATH KHAN STREET, REVENUE DEPARTMENT, AGED 87 TARPET, 2 RRR, J & TCOS, J W.A.No.871 of 2025 VIJAYAWADA, NTR DISTRICT. ...RESPONDENT(S): 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 pleased to dispense with filing of Certified Copy of Order, dt. 29.05.2025 in W.P. No. 13892 of 2025 on the file of this Hon’ble Court and to receive the main Writ Appeal on file, by accepting a copy thereof downloaded from the Official Website of this Hon’ble Court in the interests of justice lA NO: 2 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 pleased to condone the delay of (33) days in filing the present Writ Appeal against an Order, dt. 29.05.2025 passed in W.P. No. 13892 of 2025 and to receive the Writ Appeal on file in the interests of justice lA NO: 3 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 pleased to suspend the operation of Order in Rc.No.188/2020-DT, dated 13.05.2025 passed by the 5 Respondent and consequently direct the Respondents not to evict the Petitioners from their agricultural land admeasuring Ac. 2.72 Cents covered by Sy. 2.72 Cents covered by Sy. No. 544-3 of Ravilanka Village, Kolluru Mandal, Bapatia District, pending disposal of main Writ Appeal lA NO: 4 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 pleased to vacate the interim order granted in W.A .No. 871 of 2025 dated 05-08-2025 and to pass Counsel for the Appellant(S): 1.NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3 RRR, J & TCDS, J W.A.No.871 of 2025 The Court made the following Judgment: (per Hon’ble Sri Justice R. Raghunandan Rao) The appellants herein claim to be in possession of Ac.2.72 cents of land in Sy.No.544/3 of Ravilanka Village, Kolluru Mandal, Bapatia District. The 5‘^ respondent-Tahsildar, invoking the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (here-in-after referred to as “the Act”), had initiated eviction proceedings against the appellants. After due enquiry, the 5‘^ respondent-Tahsildar had held that the assignee of the land was the 9^'" respondent, inasmuch as her husband had initially been assigned the said land and she had stepped into his place upon his demise. The Tahsildar, further held that, the appellants had encroached on the said land and required to be evicted from the said land. Accordingly, the Tahsildar passed an order, dated 13.05.2025, directing the appellants to vacate the land within three days from the receipt of the notice, failing which steps would be taken to vacate the appellants from this land. Aggrieved by this order, the appellants have approached this Court, by way of W.P.No.13892 of 2025, which came to be dismissed by a learned Single Judge of this Court, by an order dated 29.05.2025, observing that the appellants herein had filed a revision before the District Collector and the appellants could pursue their case before the District Collector. 2. Aggrieved by this order, the appellants have approached this Court, by way of the present Writ Appeal. 3. 4 RRR, J & TCDS, J -i W.A.No.871 of 2025 ' Smt. Nimmagadda Revathi, learned counsel for the appellants submits that the submissions before the learned Single Judge were not made properly. She would submit that the revision, mentioned before the learned Single Judge, was a revision against the order of assignment itself and not a revision against the order of eviction. 4. Smt. Nimmagadda Revathi, learned counsel would further contend that the proceedings of the Tahsildar are without jurisdiction, inasmuch as the land had been assigned to the respondent and had ceased to be Government land. It is her contention that the provisions of the Act would be applicable only to the property of the Government and the said Act could not have been invoked for the purpose of evicting the appellants from the land which is said to have been assigned to the 9*^ respondent. 5. Sri Mohammad Nayab Rasool, learned counsel for the 9^'" respondent would contend that the land was originally Government land and the assignment of land would not take away the jurisdiction of the Tahsildar to initiate action under the provisions of the Act. He would submit that the appellants have an. alternative remedy of appeal provided under the Act and consequently, the present Writ Appeal would not be maintainable on account of availability of adequate alternative remedy. 6. Section 3 of the Act stipulates that any person who is in unauthorized occupation of any land, which is the property of the Government, would be liable to pay assessment. Section 6 of the Act stipulates that any 7. 5 RRR, J & TCDS, J W.A.No.871 of 2025 person, who is in unauthorized occupation of the land for which he pay tax under assessment- can be summarily evicted by the Revenue Authorities, subject to prior notice being given under Section is liable to 7 of the Act. 8. The jurisdiction of the Revenue Authorities under Section 6 & 7 of the Act, in evicting any person in occupation of any land, would be available only when such land is a Government property on which the unauthorized occupant is liable to pay assessment. 9. In the present case, such Government land had assigned to the late husband of the 9^^ respondent and had devolved upon the 9*^ respondent. The Government already been subsequently would have no title over the land once the said land had been assigned. In fact, the Seven-Judge Bench of the Hon’ble High Court of Andhra Pradesh, in the case of LAO-cum- Revenue Divisional Officer, Chevella Division & Ors. Ors.\ had gone into the question of rights that would be Vs. Mekala Pandu & conferred once the assignment of land had been made. In this judgment, the Seven-Judge Bench had held that the assignment extended certain incidents of ownership and compensation would have to be paid on par with private lands when lands are acquired. assigned 10. In such circumstances, it would have to be provisions of the Act would not be applicable and assignees of such land would have to invoke the appropriate remedies, to protect their held that the possession ^ AIR 2004 AP 250; 2204 (2) ALD 451 6 •S, RRR, J & TCDS, J W.A.No.871 of 2025 ?5 ^ the land, by approaching the Civil Court or Land Grabbing Tribunal for relief and protection. over In that view of the matter, this Writ Appeal is allowed, and the order of the Tahsildar, dated 13.05.2025, is set aside, leaving it open to the 9*^ respondent to invoke such remedies as are available to her under law. There shall be no order as to costs. 11. As a sequel, interlocutory applications pending, if any shall stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR // //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, State of Andhra Pradesh Revenue Department, Secretariat, Velagapudi District. 2. The District Collector, Bapatia District at Bapatla. 3. The Joint Collector, Bapatla District at Bapatla. Divisional Officer, Repalle Revenue Division, at Repalle, Amaravati, Guntur 4. The Revenue Bapatla District. 5. The Tahsildar, Kolluru Mandal, Bapatla District. The Mandal Revenue Inspector, Kolluru Mandal, Bapatla District. Kolluru Police Station Kolluru Mandal 6 7. The Station House Officer, Bapatla District. 8. The Village Revenue Mandal, Bapatla District. 9. One CC to M/s Nimmagadda Revathi Advocate [OPUC] 10. One CC to M/s Md Nayab Rasool Advocate [OPUC] GP for Home,High Court of Andhra Pradesh [OUT] GP for Revenue High Court of Andhra Pradesh [OUT] Officer, Potharlanka Revenue Village, Kolluru 11. Two CCs to 12. Two CCs to 13. Two CD Copies r:Qn HIGH COURT DATED:15/09/2025 JUDGMENT WA NO. 871 OF 2025 ^ 0 9 OCT 2025 j|| allowing the WA WITHOUT COSTS