1 APHC010593662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30623/2025 Between: 1. SMT. GUJJU DURGA, W/O. SHYAM KUMAR, AGED ABOUT 35 YEARS, OCC- HOUSEWIFE, R/O. H.NO.1-72, CHERUKUPALLI VILLAGE, BOGAPURAM MANDAL, VIZIANAGARAM DISTRICT ANDHRA PRADESH - 531162 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO- 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM, VIZIANAGARAM DISTRICT ANDHRA PRADESH - 535002. 3. THE DISTRICT PANCHAYAT OFFICER, VIZIANAGARAM DISTRICT, ANDHRA PRADESH 4. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM, VIZIANAGARAM DISTRICT ANDHRA PRADESH - 535 2 002. 5. THE TAHSILDAR, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT ANDHRA PRADESH 6. THE DEPUTY MANDAL PARISHAD DEVELOPMENT OFFICER, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT ANDHRA PRADESH - 535216. 7. THE CHERUKUPALLI GRAMA PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY CHERUKUPALLIL VILLAGE, BHOGAPURAM MANDAL VIZIANAGARAM DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: 1. K GANI REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.30623 of 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..to issue a Writ, Order or direction particularly, one in the nature of writ of Mandamus declaring the action of 5th Respondent in issuing Section 6 notice of the A.P. Land Encroachment Act, 1905 for vacating the house of the petitioner situated bearing plot no.53, an extent Ac. 0.01 cents in Survey No.1-1, bounded on North Layout Road, South- Plot No.82, East - Plot No.54, West- Konda Poramboke, at Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District, Andhra Pradesh by set aside the Section (6) notice i.e. Rc.No.43/2024/SA/Dt. 28.10.2025 without following procedure established by the law as illegal, arbitrary, unjust and contrary to law and violation of principles of natural justice and consequently set aside the Section (6) notice in Rc.No.43/2024/SA/Dt. 28.10.2025 issued by 5th Respondent, and also set aside the notice in issued by the 7th Respondent to the petitioner….” 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. As the statute provides an appeal under Section 10(i) of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter 4 referred to as „the Act‟) against the notice issued under Section 6 of the Act, this Court is not inclined to entertain the writ petition. 4. Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to file an appeal under Section 10(i) of the Act within the statutory period of sixty (60) days from the date of receipt of copy of this order and along with the appeal the petitioner may also file an interim application. Till disposal of the interim application, the respondents are directed to maintain status quo. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 07.11.2025 Ivd 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.30623 of 2025 Dated: 07.11.2025 Ivd