APHC010560282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28866/2025 Between: 1.A SANKARAMMA, D/O ESWAR REDDY AGED 60 YEARS, OCC DISABLED PENSIONER, MALLAMPETA, BADVEL MANDAL, YSR DISTRICT. 2.A.VENKATESWAR REDDY, S/O ESWAR REDDY 55, AGRICULTURIST, MALLAMPETA, BADVEL MANDAL, YSR DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, YSR DISTRICT, KADAPA 3.THE TAHSHILDAR, BADVEL MANDAL, YSR DISTRICT. ...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 tomay be pleased to pas orders in exercise of extraordinary powers under Article 226 of the Constitution of India particularly one in the nature of writ of mandamus declaring the action of the 3RD respondent dispossessing the 1st petitioner from 3.00 Acres of land in Sy.No. 528/8 and Sy.No. 528/9 of Veerapalle village assigned to petitioners mother A.Lakshumma and now devolved upon the petitioner which do not fall under or Section 2 of A.P. Land Encroachment Act, 1905 without following the procedure contemplated under Sections 5 and 6 of the said Act as arbitrary, illegal, ultravires, misconceived, and violative of the principles of natural justice and Article 14, 19, 21,and 300 A of the of the Constitution of India and consequently set aside the same as mis conceived and not applicable to the assigned lands which do not fall under Section 2 of 19054 Act direct the respondents not to disturb the peaceful possession and enjoyment of the subject land and grant such 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 may be pleased to direct the respondents not to interfere with petitioner’s enjoyment of Ac. 3.00 cents of assigned land in Sy.No. 528/8 and 9 of Veerapalle, Badvel mandal pending disposal of the above writ petition and pass such Counsel for the Petitioner(S): 1.KASA JAGANMOHAN REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 1. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 2. The learned counsel for the petitioners submits that the 3rd respondent issued a show-cause notice under Section 7 of the A.P. Land Encroachment Act, 1905, vide Ref. No. 3/537/2025 dated 06.10.2025, directing the petitioners to appear on or before 21.10.2025 and explain, either in person or in writing, as to why they should not be summarily evicted. However, without conducting any enquiry as mandated under the Act, the 3rd respondent forcibly dispossessed the petitioners, erected a notice board containing prohibitory orders, and caused publication of the alleged dispossession in the newspaper. It is further alleged that, under the guise of removal of encroachment from Government land, the 3rd respondent high-handedly removed the standing trees and crops raised by the petitioners and has been preventing them from entering the land, thereby causing damage to their crops, all without following due process of law. He further submits that the subject land is not covered under Section 2 of the A.P. Land Encroachment Act, 1905, and that the land was originally assigned in favour of the petitioners’ mother. Even assuming that the petitioners are not entitled to continue in possession, Section 7 prescribes a mandatory procedure of enquiry before eviction, which has been blatantly violated in the present case. The 3rd respondent is fully aware that the petitioners are in lawful possession and enjoyment of the land. The petitioners made several representations requesting the authorities to make online entries of the patta in the name of the 1st petitioner, and since the 1st petitioner is a person with disability, the 2nd petitioner joined in making the said request. However, without affording any reasonable or adequate opportunity and even before expiry of the date fixed for submission of explanation, the respondent authorities erected a prohibitory board and prevented the petitioners from entering the subject land. Hence, the present writ petition.” 3. In reply to the said contention, the learned Government Pleader for the respondents contends that the notice issued by the respondent authorities pertains to land in Sy. No. 528/2, whereas the relief sought in the present writ petition concerns land in Sy.Nos. 528/8 and 528/9 of Veerapalle Village, which are not one and the same. 4. Considering the submissions made by both learned counsel and upon perusal of the material available on record, this Court is of the considered view that, since the respondents have already initiated action by issuing a notice under Section 7 of the A.P. Land Encroachment Act, 1905, the writ petition can be disposed of by directing the petitioner to submit an explanation to the said notice dated 06.10.2025 within a period of two (02) weeks from the date of receipt of a copy of this order. Upon submission of such explanation, the respondents shall consider the same and pass appropriate orders after affording an opportunity of hearing to the petitioner. Until such final orders are passed, the respondents are directed not to interfere with the petitioner’s possession over the subject property. 5. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 28.11.2025 klk 413 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.28866 of 2025 28.11.2025 klk klk