1 APHC010047582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2548/2025 Between: 1. PUNURU SHIVA KUMAR REDDY, S/O. LATE SUBBARAMI REDDY AGED ABOUT 61 YEARS, OCC. BUSINESS, R/O. PUNURUVARI STREET, OLD TOWN, MUSUNURU, KAVALI, SPSR NELLORE DISTRICT - 524201, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, A.P. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, A.P. 3. THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DISTRICT, A.P. 4. THE MANDAL REVENUE OFFICER, KAVALI MANDAL, SPSR NELLORE DISTRICT, A.P. 5. THE STATION HOUSE OFFICER, RURAL KAVALI, KAVALI TOWN, NELLORE DIST. ...RESPONDENT(S): Counsel for the Petitioner: 1. BALAIAH B Counsel for the Respondent(S): 2 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri B. Balaiah, Ld. Counsel for the Writ Petitioner and Sri Arjun Chowdary, Ld. Asst. Government Pleader for Revenue. 2. Ld. Asst. Government Pleader has submitted the Written Instructions dated 28.01.2025 furnished by the Tahsildar, Kavali. Copy of it has been served on the Ld. Counsel for the Writ Petitioner and the same is taken on record. 3. The above extract would indicate that the land situated in Survey No.191/1-2 of Musunur Village has been encroached by several persons and that the Official Respondents have initiated proceedings under the Andhra Pradesh Land Encroachment Act, 1905 by issuing notice under Section 7 of the Act. It is also stated that the Writ Petitioner has encroached an extent of Ac.0.13 cents in Survey No.191/2-2 by constructing Husk room deliberately, for which, the Official Respondents have issued Notice under Section 7 of the Act, 1905. 4. In view of the Written Instructions, this Court deems it appropriate to dispose of this Writ Petition by directing the Official Respondents to proceed in accordance with law. It is clarified that this Writ Petition is disposed of at the admission stage, without going into merit of this case. The Writ Petitioner may now file his response to the Notice issued under Section 7 of the Act and the Official Respondents are directed to consider the response objectively and pass a speaking Order in accordance with law and convey a copy of such order to the Writ Petitioner forthwith. 6. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 3 7. It is needless to state that if the Writ Petitioner makes any f-line Application for conduct of survey for the purpose of identification of his property, the Official Respondents are legally obligated to conduct the survey of the land before passing any coercive order under the Act, 1905. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 06.02.2025 Mnr 4 114 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.2548 OF 2025 Dt: 06.02.2025 Mnr