APHC010520042025 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: 26803/2025 Between: SRI APPIKONDA MAHA LAKSHMI NAIDU ...PETITIONER AND 1. THE STATE OF AP AND OTHERS ...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 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. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent: 1. The Court made the following: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 26803 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 Mandamus to declare the high handed action on the part of the respondents herein more particularly 3rd respondent Tahsildar insisting and threatening to dispossess/demolish the asbestos shed of the petitioner in an extent of Ac.0.03 cents/120 square yards in Sy.No.22/2A shown as 22/1B situated at Lankalapalem Village, Parawada Mandal, Anakapalli District under Section 7 of the Land Encroachment Act, 1905 dated 25.05.2025, even though pendency of the explanation on 06.09.2025, as illegal, arbitrary and violation of Article 14,16,21 and 300-A of Constitution of India and consequently direct the respondents not to dispossess/demolish asbestos shed in an extent of 120 square yards/Ac.0.03 cents in Sy.No.22/2A shown as 22/1B situated in Lankalapalem Village, Parawada Mandal, Anakapalli District, pendency of the explanation dated 06.09.2025 and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. The 3rd respondent/Tahsildar has issued notice dated 25.08.2025 to the petitioner under Section 7 of the Land Encroachment Act, 1905 in respect of the subject property to submit explanation. The petitioner herein has submitted the explanation dated 06.09.2025 to the said notice. 3 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 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 3rd respondent to examine the explanation dated 06.09.2025 submitted by the petitioner herein to the notice, dated 25.08.2025 and pass appropriate orders thereon in accordance with law. Till such time, the respondents 1 2002 (6) ALD 83 A 4 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 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No. 26803 OF 2025 Date: 26.09.2025 SPP