1 DR,J W.P.No.30397/2025 APHC010588222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30397/2025 Between: 1. THUNGA SRINIVASULU, S/O LATE GURAVAIAH, AGED 47 YEARS, PRESENTLY R/O AT BAYANAPALLI VILLAGE, RAILWAY KODUR MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI 2. CHIEF COMMISSIONER OF LAND ADMINISTRATION, GOVT OF AP, APIIC BUILDING, MANGALAGIRI MANDAL GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, RAYACHOTY, ANNAMAYYADISTRICT 4. THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, RAJAMPET DIVISION, ANNAMAYYA DIST. 5. THE TAHSILDHAR, CHITVEL, CHITVEL MANDAL, ANNAMAYYA DISTRICT 6. THE MANDAL REVENUE INSPECTOR, CHITVEL MANDAL, ANNAMAYYA DIST. ...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 topleased to issue a writ in the nature of a writ of mandamus or any 2 DR,J W.P.No.30397/2025 other appropriate writ, direction, order or orders declaring the action of the respondent No.5 herein in trying to dispossess the petitioner from the lands in an extent of Ac.2-97 cents in Sy.No. 1339/3 and an extent of Ac.4-60 cents in Sy.No.1439/5 situated at Nagiripadu village accounts, Chitvel mandal, by virtue of notice in Ref.A. 145/2023 dt. 09-09-2025 issued under section 7 of the AP Land Encroachment Act 1905 which is contrary to the adangals and possession certificates issued by the revenue authorities, despite petitioner submitted his detailed explanation/representation dt.24-09-2025 to all the respondents herein as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural Justice and affected the petitioner's rights guaranteed under article 14, 19(1)(g) 21 and 300A of the Constitution of India and consequently, set aside the notice dt.09-09-2025 in Ref.A. 145/2023 issued by the 5th respondent herein, to direct the respondents authorities herein not to dispossess the petitioner from the lands pending consideration of the representations dt. 19-02-2025 and 24-09-2025 respectively submitted to the respondents authorities for the subject lands 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 pleased to suspend the notice dt.09-09-2025 vide Ref.A. 145/2023 issued by the 5th respondent herein in respect of lands in an extent of Ac.2-97 cents in Sy.No.1439/3 and an extent of Ac.4-60 cents in Sy.No. 1439/5 covered by coconut, lemon trees and other existing crops situated in Yeguvapalli village, Nagiripadu Revenue village, Chitvel Mandal, Annamayya District disposal of the writ petition and pass Counsel for the Petitioner: 1. V ESWARAIAH CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 DR,J W.P.No.30397/2025 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30397/2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ in the nature of a writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the respondent No.5 herein in trying to dispossess the petitioner from the lands in an extent of Ac.2-97 cents in Sy.No. 1339/3 and an extent of Ac.4-60 cents in Sy.No.1439/5 situated at Nagiripadu village accounts, Chitvel mandal, by virtue of notice in Ref.A. 145/2023 dt. 09-09-2025 issued under section 7 of the AP Land Encroachment Act 1905 which is contrary to the adangals and possession certificates issued by the revenue authorities, despite petitioner submitted his detailed explanation/representation dt.24-09-2025 to all the respondents herein as wholly arbitrary, illegal, without jurisdiction and void and violated the principles of natural Justice and affected the petitioner's rights guaranteed under article 14, 19(1)(g) 21 and 300A of the Constitution of India and consequently, set aside the notice dt.09-09-2025 in Ref.A. 145/2023 issued by the 5th respondent herein, to direct the respondents authorities herein not to dispossess the petitioner from the lands pending consideration of the representations dt. 19-02-2025 and 24-09-2025 respectively submitted to the respondents authorities for the subject lands…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. Based on the orders passed by this Court in WP(PIL) No.140 of 2022, the respondents have issued notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (herein after referred to as “the Act”). 4. Learned counsel for the petitioner has submitted that the petitioner submitted his explanation on 24.09.2025 and despite receipt of the 4 DR,J W.P.No.30397/2025 explanation, without passing any orders under Section 6 of the Act, the respondents are interfering with the possession of the petitioner. 5. Considering the submissions and perusal of the notice, the Writ Petition is disposed of directing the respondents to pass appropriate orders based on the explanation submitted by the petitioner under Section 6 of the Act. Till such time, the respondents are directed not to interfere with the possession of the petitioner. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D RAMESH Dt.04.11.2025 JLV 5 DR,J W.P.No.30397/2025 77 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30397/2025 Dt.04.11.2025 JLV