IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2804 OF 2025 Between: 1. Smt. Narsamma, W/o. Anji, Aged about 35 years, Occ: daily labour, R/o.H.No. 16/205, Rayanagar, Adoni, Kurnool District, A.P- 518 301 2. Smt. Alkur Siromani, W/o. Alkur Shyam Rao, Aged about 43 years, Occ: daily labour, R/o.H.No. 16-18-245, Madavaram Road, Adoni, Kurnool District, A.P- 518 301 3. Smt. Madiga Kalavathi, W/o. Suri babu. Aged about 45 years, Occ: daily labour, R/o.H.No. 15-18-BIO, Rayanagar, Adoni, Kurnool District, A.P- 518 301 4. Smt. Kalsam Sujatha, W/o. Kalsam Ramu, Aged about 40 years, Occ: daily labour, R/o.H.No. 16-18-243, Rayanagar, Adoni, Kurnool District, A.P- 518 301 5. Smt. Miniga Jyothi Singh, W/o. Laija Singh, Aged about 50 years, Occ: daily labour, R/o.H.No. 16-18-487, Rayanagar, Adoni, Kurnool District, A.P-518 301 6. Smt. Vadde Varalakshmi, W/o. Vadde Mukkanna, Aged about 55 years, Occ: daily labour, R/o.H.No. 16-18-190, Rayanagar, Adoni, Kurnool District, A.P-518 301 7. Smt. Sandipogu Mariyamma, W/o. Sandipogu Mallesh, Aged about 45 years, Occ: daily labour, R/o.H.No. 16-18-84, Rayanagar, Adoni, Kurnool District, A.P- 518 301 8. Smt.Miniga Sara Kumari, W/o. Miniga Barnaba, Aged about 48 years, Occ: daily labour, R/o.H.No. 16-18-190, Rayanagar, Adoni, Kurnool District, A.P- 518 301 9. Smt. Boya Earamma, W/o. Boya Lingappa, Aged about 45 years, Occ: daily labour, R/o.H.No. 16-358, Rayalasima Mill, Adoni, Kurnool District, A.P-518 301 Smt. Meenuga Aaseerwadamma, W/o. M Anandappa, Aged about 55 years, Occ; daily labour, R/o.H.No. 16-357, Babu Jaagjeevan Rao, Rayalseema Mill, Adoni, Kurnool District, A.P- 518 301 Smt. Boya Shanthamma, W/o. Boya Veeresh Aged about. 41 years Occ. daily labour, R/o.H.No. 16-660-1, Parvathapuram, Adoni, Kurnool District, A.P- 518 301 Manikindi Ramu, S/o. Manikindi Muntanna, Aged about 45 years, Occ: daily labour, R/o.H.No. 2-79/A, Kotha street, Gudur Gudur Mandal, Kurnool District, A.P- 518 466 10. 11. 12. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District, Andhra Pradesh 2. The District Collector, Kurnool District, Kurnool Town, Kurrjpol District 3. The Tahsildar, Adoni Mandal, Adoni Town and Mandal Kurnool 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 a Writ Order or direction more particularly a Writ in the nature of Writ of MANDAMUS declaring the impugned notices db 24.12.2024 issued by the 3'^'^ Respondent, Tahsildar, Adoni Mandal, Adoni, directing the petitioners herein to vacate the houses/premises within 7 days is very bad, illegal, violative of Article 14, 21 and 300-A of constitution of India and against the Principles of natural justice and consequently set aside the impugned notices Dt. 24.12.2024 issued by the 3"'^ respondent Tahsildar, Adoni Mandal. 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 suspend the impugned notices dt. 24.12.2024 issued by the 3rd respondent directing the petitioners 1 to 12 herein to vacate the houses/premises. Counsel for the Petitioners: SRI NARASIMHA MURTHY GOLLAMUDI Counsel for the Respondent Nos.1 & 3: GP FOR REVENUE The Court made the following: ORDER APHC010045422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ES [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2804/2025 Between: ...PETITIONER(S) Narsamma and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.NARASIMHA MURTHY GOLLAMUDI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2804 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following relief:- “to issue a Writ, Order or direction more particularly a Writ in the nature of Writ of MANDAMUS declaring the impugned notices dt.24.12.2024 issued by the 3"^ Respondent, Tahslldar, Adoni Mandal, Adoni directing the petitioners herein to vacate the houses/ premises within 7 days is very bad, Illegal, violative of Article 14, 21 and 300-A of constitution of India and against the Principles of natural justice and consequently set aside the Impugned notices Dt.24.12.2024 Issued by the 3^'^ respondent, Tahsildar, Adoni Mandal and pass such other order or orders... ” Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are the possessors and enjoyers of their respective house properties since decades having acquired the said properties through their ancestors. Since the date of acquisition, the petitioners have been in peaceful possession and enjoyment of the same through their predecessors. While so, without issuing any prior notice and without providing opportunity of hearing to the petitioners. respondent No.3/ Tahsildar herein straight away issued eviction notice dated 24.12.2024 directing the petitioners to evict the subject premiseswithin seven days. Learned counsel for the petitioners further submits that notice dated 24.12.2024 has neither describes the nature of the lands nor gave any reasons for issuance of such eviction notice to the petitioners. He further submits that since the subject notice is in the form of an order without any prior notice, the same is liable to be set-aside. 4. 5. On the other hand, learned Government Pleader for the respondents submits that notice issued by respondent No.3 is not preceded by any prior notice, as such, notice dated 24.12.2024 can be treated as a show cause notice and the petitioner is entitled to submit his explanation to the said show cause notice. Therefore, let there be a direction to the petitioners to submit their explanation to the notice dated 24.12.2024. On receipt of such explanation, the respondents would consider and pass appropriate orders within a reasonable time. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents, in view of the facts and circumstances of the case and without going into the merits of the case, it is observed that the subject notice is issued without any prior notice and without providing any opportunity of hearing to the petitioners, who are in possession and enjoyment of the house premises since decades. Further, as contended by the learned 6. Government Pleader for the respondents, the said notice can be treated as show cause notice, for which the petitioners can effer their explanation for consideration of the same by the respondents. r In view of the foregoing discussion, treating notice dated 24.12.2024 as notice, the petitioners herein are hereby directed to submit their the said show cause notice along with all the required 7. a show cause explanations to documents proving their title and possession over their respective subject properties within a period of four (04) weeks from the date of receipt of a copy of this order. On receipt of such explanation, respondent No.3 is directed to consider the same and pass appropriate orders, after providing opportunity of hearing to the petitioners and any other stake holders, in accordance with law, as early as possible. With the above directions, the writ petition is disposed of. There shall be 8. no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANTaREGISTRAR //TRUE COPY// SB OFFICER To, 1. The Principal Secretary. Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh 2. The District Collector, Kurnool District, Kurnool Town, Kurrjpol District 3. The Tahsildar, Adoni Mandal, Adoni Town and Mandal Kurnool district 4. One CC to Sri Narasimha Murthy Gollamudi, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:05/02/2025 ORDER ep WP.No.2804 of 2025 5 2 I FEB 2025 Current Section . DISPOSING OF THE W.P. WITHOUT COSTS