1 APHC010654362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34033/2025 Between: 1. PALURU MALYADRI REDDY,, S/O PALURU MALAKONDA REDDY, AGED ABOUT 62 YEARS, R/O.NEAR SAIBABA TEMPLE, KALIGIRI VILLAGE, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, AP. 2. PALURU KONDA REDDY,, S/O PALURU MALAKONDA REDDY, AGED ABOUT 48 YEARS, R/O. VIVEKANANDA STREET, KALIGIRI VILLAGE, KALIGIRI MANDAL, SPSR NELLORE DISTRICT, A.P ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETORY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. 2 3. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, DISTRICT COLLECTORATE, NELLORE. 4. THE TAHSILDAR, KALIGIRI MANDAL, VILLAGE SPSR NELLORE DISTRICT, 5. THE KALIGIRI GRAM PANCHAYAT, REP. BY ITS SECRETARY, KALIGIRI VILLAGE. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. K S MURTHY ASSOCIATES Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.34033 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue an appropriate Writ or order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No. 4 issuing notice R.B.No. 494/2025, dated 13-11 -2025 and further action of the Respondent No. 4/Tahsildar in interfering with the peaceful possession and enjoyment of the petitioners property admeasuring an extent of Ac.0.025 cts or 15 ankanas in R.S.No. 775-1 of Kaligiri Village, Kaligiri Mandal, SPSR Nellore District as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently set aside the notice R.B.No. 494/2025, dated 13-11-2025 of the Respondent No. 4 and consequently direct the respondent authorities or staff to not to interfere with the peaceful possession and enjoyment over the property admeasuring extent of Ac.0.025 cts or 15 ankanas in R.S.No. 75-1 of Kaligiri Village, Kaligiri Mandal, SPSR Nellore District in any manner by making it clear that, the respondent authorities have no manner of right to interfere with private properties of the petitioner….” 4 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for the respondents. 3. Learned Senior Counsel appearing on behalf of the petitioners has made his submissions that consequent to the notice, the petitioners have submitted their explanation on 19.11.2025 and after receipt of the explanation, the authorities are supposed to pass an order under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, „the Act‟) by conducting an enquiry and after passing orders only, the respondents are entitled to interfere. But, in the instant case, no such orders have been passed. To support his contentions, he also relied on the photographs which were filed along with the writ petition. 4. Considering the submissions and on perusal of the record, this Court is not inclined to go into the merits of the case as the authorities have already initiated proceedings under the Act and the petitioners have also submitted their reply to the notice issued under Section 7 of the Act, the authorities have to enquire into the matter by providing an opportunity to the petitioners and pass appropriate orders under Section 6 of the Act. Till passing of final 5 orders under Section 6 of the Act, the respondents are directed not to interfere and not to dispossess the petitioners from the subject property. It is needless to mention that while considering the objections, the authorities may also take the observations made by the Full Bench of the Hon‟ble Supreme Court in Government of Andhra Pradesh v. Thummala Krishna Rao1. 5. Accordingly, the Writ Petition is disposed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 09.12.2025 Ivd 1 (1982) 2 SCC 134 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.34033 of 2025 Dated: 09.12.2025 Ivd