APHC010133672020 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8047/2020 Between: 1. G. GANGAMMA, W/O. G.CHANDRA SEKHAR, AGED ABOUT 46 YEARS, R/O.D.NO.17 ANANTHAPURAMU TOWN, ANANTHAPURAMU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU. 3. THE REVENUE DIVISIONAL OFFICER, , ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 4. THE TAHSILDAR, ANANTHAPURAMU DISTRICT. 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 an appropriate writ, or order or cirection, more particularly, one in the nature of Writ of Mandamus, declaring the action the 4th respondent in issuing the notice Under Sectio i 7 of A.P.Land Encroachment Act,1905 vide proceedings in Rc.No.B/116 18.12.2019 to the petitioner's land in Sy.No.112/3D an extent of Ac.1.25 cents IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8047/2020 G. GANGAMMA, W/O. G.CHANDRA SEKHAR, AGED ABOUT 46 YEARS, R/O.D.NO.17-372, NEERUGANTI STREET, OLD TOWN, ANANTHAPURAMU TOWN, ANANTHAPURAMU DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANANTHAPURAMU. THE REVENUE DIVISIONAL OFFICER, , ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. THE TAHSILDAR, ANANTHAPURAMU MANDAL, ANANTHAPURAMU ...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 to issue an appropriate writ, or order or cirection, more particularly, one in the nature of Writ of Mandamus, declaring the action the 4th respondent in issuing the notice Under Sectio i 7 of A.P.Land Encroachment Act,1905 vide proceedings in Rc.No.B/116 18.12.2019 to the petitioner's land in Sy.No.112/3D an extent of Ac.1.25 cents IN THE HIGH COURT OF ANDHRA PRADESH [3233] THE EIGHTH DAY OF OCTOBER THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN G. GANGAMMA, W/O. G.CHANDRA SEKHAR, AGED ABOUT 46 372, NEERUGANTI STREET, OLD TOWN, ANANTHAPURAMU TOWN, ANANTHAPURAMU DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, THE REVENUE DIVISIONAL OFFICER, , ANANTHAPURAMU, MANDAL, ANANTHAPURAMU ...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 to issue an appropriate writ, or order or cirection, more particularly, one in the nature of Writ of Mandamus, declaring the action the 4th respondent in issuing the notice Under Sectio i 7 of A.P.Land Encroachment Act,1905 vide proceedings in Rc.No.B/1166/2019 dated 18.12.2019 to the petitioner's land in Sy.No.112/3D an extent of Ac.1.25 cents 2 BKM,J W.P.No.8047 of 2020 is illegal, arbitrary and violation of principles of natural justice and consequently set aside the same and pass IA NO: 1 OF 2020 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 issued by the 4th respondent Under Section 7 of A.P.Land Encroachment Act,1905 vide proceedings vide proceedings in Rc.No.B/1166/2019 dated 18.12.2019, pending disposal of the above writ petition and pass IA NO: 2 OF 2020 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. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 3 BKM,J W.P.No.8047 of 2020 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition was filed questioning the action of the 4th respondent in issuing the notice Under Section 7 of Andhra Pradesh Land Encroachment Act, 1905, vide proceedings in Rc.No.B/1166/2019 dated 18.12.2019 to the petitioner’s land to an extent of Ac.1.25 cents in Survey No.112/3D. 3. As per the impugned encroachment notice issued by the 4th respondent dated 18.12.2019, it is alleged that the petitioner occupied the land in different extents in different survey numbers situated in Somaladoddi Village and as such, the explanation was called for within seven (7) days as to why action shall not be initiated to remove the encroachments. For which, it appears that the petitioner gave legal notice addressed to the 2nd respondent dated 17.03.2020. But, no explanation is forthcoming to the above said notice. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that, if the petitioner submits an explanation to the above said impugned notice, the same will be considered by the respondent authorities concerned, following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to submit her explanation to the above said impugned notice of the 4 BKM,J W.P.No.8047 of 2020 4th respondent dated 18.12.2019 enclosing all the necessary documents in support of her claim within a period of four (4) weeks from the date of receipt of this order. On receipt of such explanation from the petitioner, the 4th respondent shall proceed with the necessary enquiry in pursuance of the above said impugned notice dated 18.12.2019 strictly in accordance with law by hearing all the parties concerned including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably within a period of three (3) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the schedule lands shown in the above said impugned notice of the 4th respondent dated 18.12.2019. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 08.10.2025 MDP