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2025 DAILYLAW 54966 (AP)

CHAPATI LAKSHMI NARAYANA REDDY v. THE STATE OF ANDHRA PRADESH

WP/30463/2025 · 2025-11-03

D Ramesh

body2025

Judgment text

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1 DR,J W.P.No.30463/2025 APHC010589522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30463/2025 Between: 1. CHAPATI LAKSHMI NARAYANA REDDY, S/O. NARAYANA REDDY AGED ABOUT 55 YEARS, R/O. RANGASAMUDRAM VILLAGE, PORUMAMILLA MANDAL, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. 2. THE DISTRICT COLLECTOR, KADAPA, Y.S.R. KADAPA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BADVEL, Y.S.R. KADAPA DISTRICT. 3. 4. 4. THE TAHSILDAR, PORUMAMILLA MANDAL, Y.S.R. KADAPA 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 topleased to issue writ, order or directions more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref A/741/2025, dt 31.07.2025, issued by the respondent No.4 U/sec. 6 of A.P. Land Encroachments Act,1905, in respect of the land in Sy.No.1194, to an extent of Ac. 0.10 cents, situated at Rangasamudram Village Porumamilla Mandal, Y.S.R. Kadapa District, without having any power or jurisdiction is highly 2 DR,J W.P.No.30463/2025 illegal, arbitrary, unconstitutional and violative of Articles 14, 16, 21 and 300-A of the Constitution of India, set aside the same and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners land in Sy.No,1194, to an extent of Ac. 0.10 cents, situated at Rangasamudram Village, Porumamilla Mandal Y.S.R. Kadapa District and to pass 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 pleased to stay of all further proceedings pursuant to the impunged proceedings in Ref: A/741/2025, dt: 31.07.2025, issued by the respondent No.4 U/sec. 6 of A.P. Land Encroachments Act, 1905, in respect of the land in Sy.No. 1194, to an extent of Ac. 0.10 cents, situated at Rangasamudramm Village, Porumamilla Mandal, Y.S.R. Kadapa District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DODDAKA HARSHA VARDHAN Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 DR,J W.P.No.30463/2025 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30463/2025 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue writ, order or directions more particularly one in the nature of Writ of Mandamus declaring the proceedings in Ref A/741/2025, dt 31.07.2025, issued by the respondent No.4 U/sec. 6 of A.P. Land Encroachments Act,1905, in respect of the land in Sy.No.1194, to an extent of Ac. 0.10 cents, situated at Rangasamudram Village Porumamilla Mandal, Y.S.R. Kadapa District, without having any power or jurisdiction is highly illegal, arbitrary, unconstitutional and violative of Articles 14, 16, 21 and 300-A of the Constitution of India, set aside the same and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners land in Sy.No,1194, to an extent of Ac. 0.10 cents, situated at Rangasamudram Village, Porumamilla Mandal Y.S.R. Kadapa District…” 2. The writ petition is filed aggrieved by the order dated 31.07.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred as ‘the Act’) . 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 4. Learned counsel for the petitioner has pointed that there is a discrepancy in the order passed under Section 6 of the Act, though notice issued under Section 7 of the Act and orders passed under Section 6 of the Act for different extents. 4 DR,J W.P.No.30463/2025 5. Though the petitioner has raised an issue with regard to the discrepancy in both the orders, the statute provides a remedy under Section 10(i) of the Act to the petitioner. 6. In view of the same, this Court is not inclined to entertain the writ petition. 7. Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to file an appeal under Section 10(i) of the Act, within a period of two (02) weeks from today. If the appeal filed in two weeks, the respondents shall not take the limitation into consideration and pass appropriate orders. Interim protection is concerned, the petitioner may also file an interim application to stay of all further proceedings pursuant to the impugned proceedings in Ref:A/741/2025, dt.31.07.2025 issued by the respondent No.4 under Section 6 of the Act, along with the appeal. Till disposal of the interim application, there shall be direction to maintain status quo. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE D RAMESH Dt.04.11.2025 JLV 5 DR,J W.P.No.30463/2025 47 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 30463/2025 Dt.04.11.2025 JLV