Extracted from the PDF above. The PDF is authoritative.
DR,J WP.No.29317 of 2025 APHC010564922025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29317 OF 2025 Between:
1. MUCHELI KIRAN KUMAR REDDY, S/o Mucheli Mohan Rami Reddy, Aged 53 years,R/o D.No.1-10, Chiguruwada Village and Panchayat, Tirupati Rural Mandal, Tirupati District ...Petitioner AND
1. THE STATE OF AP, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Tirupati District. 3. The Revenue Divisional Officer, Tirupati. 4. The Tahsildar, Tirupati Rural Mandal, Tirupati District. 5. The Mandal Revenue Officer, Tirupati Rural Mandal, Tirupati District. 6. M Nagaraju, S/o M. Munaswamy, Aged about 50 years, R/o Raja Reddy Layout, Chiguruwada Dakshinapu Kandriga Panchayat, Chiguruwada Post, Tirupati Rural Mandal, Tirupati District. 7. S Uday Kumar, S/o S. Kuppa Raju, Aged about 40 years, R/o Raja Reddy Layout, Chiguruwada Dakshinapu Kandriga Panchayat, Chiguruwada Post, Tirupati Rural Mandal, Tirupati District. DR,J WP.No.29317 of 2025 ...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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus Declaring the inaction of the 4th respondent Tahsildar, Tirupati Rural Mandal, in not taking further action pursuant to Proceedings ROC.A/39/2025, dated 22.05.2025 issued under Section 7 of the A.P. Land Encroachment Act, 1905, as illegal, arbitrary and unconstitution al And consequently direct the respondents to forthwith remove the illegal encroachments made by the private respondents (M. Nagaraju and S. Uday Kumar) in Survey No.160 (River Poramboke Extension Ac.172.830 cents) situated at Chiguruwada Dakshin Kandriga Revenue Village, Tirupati Rural Mandal, Tirupati District, and restore the Government land for public use and 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 direct the respondents to forthwith remove the illegal encroachments in Survey No. 160 (River Poramboke Extension Ac.
172.830 cents) situated at Chiguruwada Dakshin Kandriga Revenue Village, Tirupati Rural Mandal, Tirupati District, and restore the Government land for public use and pass Counsel for the Petitioner: PASAPALA SUDHAKAR REDDY Counsel for the Respondents: GP FOR REVENUE
DR,J WP.No.29317 of 2025 The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
“…..to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus Declaring the inaction of the 4th respondent Tahsildar, Tirupati Rural Mandal, in not taking further action pursuant to Proceedings ROC.A/39/2025, dated 22.05.2025 issued under Section 7 of the A.P. Land Encroachment Act, 1905, as illegal, arbitrary and unconstitution al And consequently direct the respondents to forthwith remove the illegal encroachments made by the private respondents (M. Nagaraju and S. Uday Kumar) in Survey No.160 (River Poramboke Extension Ac.172.830 cents) situated at Chiguruwada Dakshin Kandriga Revenue Village, Tirupati Rural Mandal, Tirupati District, and restore the Government land for public use ….”
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. Despite notice, the respondent Nos.6 and 7 have not chosen to appear before this Court. 4. The present writ petition is filed for not taking action by the respondent authorities pursuant to the notice under Section 7 of AP Land Encroachment Act, 1905 (herein after referred to as „the Act‟) as against respondent Nos.6 and 7. In fact, the revenue authorities have initiated action against respondent Nos.6 and 7 and issued notice under Section 7 and despite lapse of five
DR,J WP.No.29317 of 2025 months, the respondent have not passed any final orders. Hence, the present writ petition. 5. Considering the said submissions, this Court is not inclined to go into the merits of the case and the writ petition is disposed of directing the respondents, more particularly, 4th respondent to consider the representation of the petitioner and take appropriate action as per the provisions of the Act based on the notice issued under section 7 of the Act dated 22.05.2025. If any explanation is submitted by the respondent Nos.6 and 7, the same may be considered by providing an opportunity to them and take appropriate action by passing orders under section 6 of the Act.
The said exercise should be completed within two months from the date of receipt of copy of this order. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications, if any, shall stand closed. ________________
JUSTICE D RAMESH Date: 24.11.2025
Dvs
DR,J WP.No.29317 of 2025
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 29317 OF 2025 Date: 24.11.2025 Dvs