IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRI^o^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10374 OF 2025 Between: 1. Modiboina Sujana, w/o LateJ Gopinath, Aged about 38 years, occ. Agriculture r/o Thikkavaram village, Chillakur Mandal, Tirupati District. 2. Smt. Mudiboina Anasuyamnndi w/o Balaramaiah Aged about 69 years, occ. Agriculture, r/o Thikkavaram village, Chillakur Mandal, Tirupati District. 3. Mekala Rajeshwaramma, w/d Janardhan, aged about 64 years, occ. Agriculture, r/o B.C. Colony;C;hannuru village, Gudur Mandal, Tirupati District ...Petitioners AND 1. The State of Andhra Pradesherep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati Oistrict 3. The Sub-Collector, Gudur, Tirupati District. 4. The Tahsildar, Chillakur Madaf, Tirupati District. ...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 an appropriate Writ, Order or Direction mere / ■^particularly one in the nature of Writ of Mandamus, declaring the action of Vespondent No. 4 herein in issuing the impugned cyclostyled notices IJiearing R.C.B. 105/2025 dt. 12-3-2025 and threatening to dispossess the etitioners from their lawful possession and enjoyment of the lands in Sy.No. 1068/4, 1068/1 and 1068/3 admeasuring ac. 3.00 cents, each situated at Ankulapaturu village, Chillakur Mandal, Tirupati District, though the said lands were assigned oh 29-11-1999, as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the cyclostyled notices dt. 12-3-2025. V m 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 respondent No.4 herein not to dispossess or in any manner interfere with the possession and enjoyment of the petitioners in respect of their lands in Sy.No. 1068/4, 1068/1 and 1068/3 admeasuring ac. 3.00 cents, each situated at Ankulapaturu village, Chillakur Mandal, Tirupati District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI G VENKATESWARLU Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010195602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10374/2025 Between: ...PETITIONER(S) Modiboina Sujana and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); 1.G VENKATESWARLU Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10374/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 4 herein in issuing the impugned cyclostyled notices bearing R.C.B.105/2025 dated 12.03.2025 and threatening to dispossess the petitioners from their lawful possession and enjoyment of the lands in Sy. No. 1068/4, 1068/1 and 1068/3 admeasuring Ac. 3.00 cents each situated at Ankulapaturu Village, Chillakur Mandal, Tirupati District, though the said lands were assigned on 29.11.1999 as being illegal, arbitrary, unjust and unconstitutional and consequently set aside the cyclostyled notices dated 12.03.2025 and pass such other order. ” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners were issued D-form pattas in the year 1999 in respect of the lands admeasuring to an extent of Ac.3.00 cents each in Sy.Nos. 1068/4, 1068/1 and 1068/3. Ankulapaturu Village, Chillakur Mandal. Tirupati District. Since then, the petitioners have been cultivating their respective lands and complied with the conditions of assignment. He further submits that pursuant to the D-form also issued pattadar passbooks the pattas, the petitioners were declaring them as pattadars of their respective lands. While things stood thus, respondent No.4 herein issued notice under Section 7 of Pradesh Land Encroachment Act, 1905 alleging that the occupied/encroached the government land without there authority and without there being any proper alienation in their favour. Hence, the present Writ Petition, other hand, learned Government Pleader for the the Andhra petitioners being any 4. On the respondents submits that the claim of the petitioners that the subject assigned to them by way of D-form pattas which were annexed to the Writ Petition were not genuine pattas and not duly of their record. In the absence of the same the occupation encroachment. In view of the lands were born out of the petitioners is nothing but an respondent rightly issued the notice under Section 7 of same, the 4 1905 requesting the petitioners to submit their explanation to substantiate their rights and possession over the subject properties, submit their explanation along with all the required the Act, If, the petitioners documents, the respondents will consider the claim of the petitioners and pass a detailed order in accordance with law. 5. Having regard to the submissions made by the learned counsel for the petitioners and the learned Government Pleader for the respondents and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing to submit their explanation along with the required the petitioners documents, within a period of three(3) weeks from the date of receipt of this order. After such submissions, the respondents are of copy 4 directed to consider the same and pass appropriate orders, after providing opportunity of hearing to the parties concerned, within a period of three(3) months thereafter. In the meanwhile, status-quo obtaining as on today shall be maintained by all the parties concerned. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// I SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Tirupati District 3. The Sub-Collector, Gudur, Tirupati District. 4. The Tahsildar, Chillakur Madal, Tirupati District. 5. One CC to Sri G Venkateswarlu Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Three CD Copies GSC (gsg) IK? HIGH COURT DATED:24/04/2025 ORDER WP.No.10374of 2025 DISPOSING THE WP WITHOUT COSTS