APHC010521032025 IN THE HIGH COURT OF ANDHRA PRADESHJ^^^'^, AT AMARAVATI - (Special Original Jurisdiction) SMS '1 Kn 'O' or J> o FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER^^^^^N_*g^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26806 OF 207.*; Between: 1. Sodipalli Atchiyamma, W/o. Veera Babu Household, R/o. Anguluru Village, Hamlet of Pudipalli, Mandal, Alluri Seetharamaraju District. 2. Rechukatia Appanna Babu, S/o. Apparao, Aged Auto Driver, R/o. Anguluru Village, Mandal Alluri Seetharamaraju District. Aged 52 years, Occ Devipatnam about 41 years, Occ Hamlet of Pudipalli, Devipatnam ...PETITIONERS AND Rep. by its Principal Secretary Secretariat, Velagapudi, 1. State of Andhra Pradesh Government, Amaravati, Guntur District. to Revenue Department, 2. The District Collector, Alluri Seetharamaraju District at Paderu.“ 3. The Revenue Divisional Officer Seetharamaraju District at Rampachodavaram. Rampachodavaram Division, Alluri 4. The Tahsildar, Devipatnam Mandal Alluri Seetharamaraju District. 5. The Station House Officer, Devipatnam Police Station Alluri Seetharamaraju District. ...RESPONDENTS Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith 9L. praying that in the the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS dated 01.08.2025, 28.08.2025 and or any other appropriate writ, declaring the notices order dated 28.08.2025 issued by the 4THrespondent under the Andhra Pradesh Land Encroachment Act illegal, arbitrary, without jurisdiction, violative of Articles 1905, as 14, 21 and 300-A of and consequently direct the respondents not to possession and enjoyment over their site and house property admeasuring Ac.0.05 cents in S.No.40/2 of Anguluru Village, Hamlet of Pudipalli, Devipatnam Mandal, Alluri Seetharamaraju District. the Constitution of India interfere with petitioners lA NO: 1 OF 209.*^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court suspend the operation of notices dated 01.08.2025 may be pleased to 28.08.2025 and order respondent and consequently direct possession over their house dated 28.08.2025 issued by the fourth respondents not to interfere with the petitioners’ property situated in extent of 0.05 Hamlet of Pudipalli, r pending disposal of main Writ Petition. acres in survey 40-2 of Anguluru Village Devipatnam Mandal, Alluri Seetharamaraju District Counsel for the Petitioners: SRI SITA RAM Counsel for the Respondent Nos.1 to 4:GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME The Court made the following CHAPARLA APHC010521032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE SMS [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 26806/2025 Between; 1.SODIPALLI ATCHIYAMMA, W/0. VEERA BABU, AGED 52 YEARS, OCC: HOUSEHOLD, R/0. ANGULURU VILLAGE, HAMLET OF PUDIPALLI, DEVIPATNAM MANDAL, ALLURI SEETHARAMARAJU DISTRICT. 2.RECHUKATIA APPANNA BABU, S/0. APPARAO, AGED ABOUT 41 YEARS, OCC AUTO DRIVER, R/0. ANGULURU VILLAGE, HAMLET OF PUDIPALLI, DEVIPATNAM MANDAL ALLURI SEETHARAMARAJU DISTRICT. ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT SECRETARIAT, DISTRICT. 2.THE DISTRICT COLLECTOR, ALLURI SEETHARAMARAJU DISTRICT AT PADERU. 3.THE VELAGAPUDI, AMARAVATI, GUNTUR REVENUE RAMPACHODAVARAM DIVISIONAL DIVISION, OFFICER, ALLURI SEETHARAMARAJU DISTRICT AT RAMPACHODAVARAM. 4.THE TAHSILDAR, DEVIPATNAM MANDAL ALLURI SEETHARAMARAJU DISTRICT. 5.THE STATION HOUSE OFFICER, DEVIPATNAM POLICE STATION, ALLURI SEETHARAMARAJU DISTRICT. ...RESPONDENT($) 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 particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ, declaring the notices dated 01.08.2025, 28.08.2025 and order dated 28.08.2025 issued by the 4^*^ respondent under the Andhra Pradesh Land Encroachment Act, 1905, as illegal, arbitrary. more I without jurisdiction, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with petitioners possession and enjoyment over their site and house property admeasuring Ac.0.05 cents in S.No.40/2 of Anquiuru Village, Hamlet of Pudipalli Seetharamaraju District. lA NO: 1 OF 2Q2f; Devipatnam Mandal, Alluri 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 notices dated 01.08.2025, 28.08.2025 and order dated 28.08.2025 issued by the fourth respondent and consequently direct respondents not to interfere with the petitioners’ possession over their house property situated in extent of 0.05 acres in survey 40-2 of Anguluru Village, Hamlet of Pudipalli, Devipatnam Mandal, Alluri Seetharamaraju District pending disposal of main Writ Petition Counsel for the Petitioner(S): I.SITA RAM CHAPARLA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE The Court made the following: 3 C THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 26806 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 particulariy one in the nature of Writ of Mandamus or any other appropriate writ, declaring the notices dated 01.08.2025, 28.08.2025 and order respondent under the TH dated 28.08.2025 issued by the 4 Andhra Pradesh Land Encroachment Act, 1905, as illegal. arbitrary, without jurisdiction, violative of Articles 14, 21 and 300- A of the Constitution of India and consequently direct the respondents not to interfere with petitioners possession and enjoyment over their site and house property admeasuring Ac. 0.05 cents in S.No.40/2 of Anguluru Village, Hamlet of Pudipalli, Devipatnam Mandal, Alluri Seetharamaraju District and pass such other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ” 2. The 4*^^ respondent/Tahsildar has issued notices dated 01.08.2025, 28.08.2025 and order, dated 28.08.2025 against the petitioner under 7 of the Land Encroachment Act, 1905 in respect of the subject property to submit explanation. The procedure contemplated under Section 6 of the Act, to hold 3. 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 -V*' ' 4 case of Pre. Jothi Education Society vs. Secretary, Major Irrigation^ 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 petitioners to submit explanation to the notices, dated 01.08.2025 and 28.08.2025 within a period of two weeks from the date of receipt of a copy of this order and on receipt of such explanation, the 4^^ respondent is hereby directed to examine the same and pass appropriate orders thereon. within a period of six weeks therefrom, in accordance with law. Till such time, the respondents are hereby directed not to take any coercive steps against the petitioners. ^ 2002 (6) ALD 83 A 5 Accordingly, the Writ Petition is disposed of. There shall be no 5. order as to costs. sequel, interlocutory applications, if any pending in this Writ Petition shall stand closed. As a Sd/- SRI T.SRINIVASA RAO ASSISTANT REGISTRAR //true copy// SECTION OFFICER To, Principal Secretary to Government, Revenue Department, State of Velagapudi, Amaravati, Guntur District, iu District at Paderu. 1. The Andhra Pradesh, Secretariat District Collector, Alluri Seetharamaraju _ Divisional Officer, Rampachodavaram 2. The 3. The Revenue Division, Alluri iu District at Rampachodavaram. Seetharamaraju _ Tahsildar, Devipatnam Mandal Alluri Officer, Devipatnam i Seetharamaraju District. 4. The 5. The Station House Police Station, Alluri Seetharamaraju District. 6. One CC to Sri Sita ' 7. Two CCs to GP for Home, 8. Two CCs to GP for Revenue, 9. Two CD Copies. Ram Chaparla, Advocate [OPUC] High Court of Andhra Pradesh [OUT] High Court of Andhra Pradesh [OUT] ssb HIGH COURT DATED:26/09/2025 ORDER WP No. 26806 OF 2025 *( 11> OCT 2025 )S «o DISPOSING OF THE W.P. WITHOUT COSTS