IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 2421 OF 2025 PRASAD Between: Yarava Venkata Subbaiah, S/o Chinna Subbarayudu, Aged about 55years, C/o 2-87.Regulachilaka, Chandrasekarapuram Mandal, Prakasam District ...PETITIONER AND 1. The State Of Andhra Pradesh, rep. by its Principle Secretary, Revenue Block, Ground Floor, Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The District Collector, Ongole, Prakasam District, Andhra Pradesh. 3. The Joint Collector, Ongole, Prakasam District, Andhra Pradesh. 4. The Revenue Divisional Officer, Ongole, Prakasam District Pradesh. 5. The Tahsildar, Chandrashekarapuram Mandal (Regulachilaka village Jurisdiction), Prakasam District, Andhra Pradesh. 6. The VRO (Village Revenue Officer) Chandrashekarapuram Mandal,Prakasam District, Andhra Pradesh. th Department, 4 Andhra Regulachilaka Village ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus aggrieved with the action of the issuing proceedings dated 30.12.2024 and dated 06.01.2025 irregular arbitrary and contrary to the provisions of AP Land Encroachment Act 1905 and offends Article 14, 19,21 and 300A of the Constitution praying that in may 5th Respondent in as illegal of India and consequently set aside the proceedings vide RC.01/2025 dated 06.01.2025 pass order or orders in accordance with law. 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 direct the respondents not to dispossess from the land to extent of AC.5.05 Sy.No.41/2 Regulachilaka Village, Chandrashekarapuram Mandal, Prakasam District, Andhra Pradesh and pass order or orders in accordance with law acres pending disposal of the above writ petition. Counsel for the Petitioner: SRI REGULAGADDA VENKATESH Counsel for the Respondent No’s. 1 to 6: SRI K ARJUN CHOWDARY, AGP FOR REVENUE, LAND ACQUISITION, STAMPS & REGISTRATION The Court made the following ORDER: an APHC010048202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] 5 THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2421/2025 Between: 1.YARAVA VENKATA SUBBAIAH, S/0 CHINNA SUBBARAYUDU, AGED 2-87,REGULACHILAKA, ABOUT 55YEARS CHANDRASEKARAPURAM MANDAL, PRAKASAM DISTRICT C/0 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO 135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 3.THE JOINT COLLECTOR, , ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 4.THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 5.THE TAHSILDAR, CHANDRASHEKARAPURAM MANDAL (REGULACHILAKA VILLAGE JURISDICTION), PRAKASAM DISTRICT, ANDHRA PRADESH. 6.THE VRO VILLAGE'-.REVENUE OFFICER VILLAGE, CHANDRASHEKARAPURAM REGULACHILAKA MAN DAL, PRAKASAM 2 DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. REGULAGADDA VENKATESH Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: Heard Sri R. Venkatesh, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Notice issued under Section 7 of the Madras Act, 1905. Learned Counsel would submit that the Notice dated 06.01.2025 issued under Section 6 of the Madras Act, 1905 (Ex.P.1) is per se illegal. It is noticed by this Court that the same Officer has issued the Notice under Section 7 of the A.P Land Encroachment Act, 1905 (Ex.P.2). Whereas the same Officer has issued Notice under Section 6 of the Madras Act. Section 6 of the Madras Act does not apply in the State of Andhra Pradesh. The A.P Land Encroachment Act, 1905 is the ‘Act’ in force in the State of Andhra Pradesh. 3. In this view of the matter, the Impugned Notice is unsustainable in Accordingly, the Impugned Notice dated 06.01.2025 issued under Section 6 of the Madras Act, 1905 (Ex.P.1) is set aside. Needless to state that the Official Respondents are at liberty to issue fresh Notice by following the proper statutory procedure. It is also needless to state that the Official Respondents are not entitled to initiate coercive action until completion of statutory period for filing the Appeal (60 days) from the date of receipt of such Notice by the Writ Petitioner. law. / / 3 4.With these observations and directions, this Writ Petition disposed of. No order as to costs. stands 5. Interlocutory Applications, if any, stand closed in terms of this order. SDI- N NAGAMMA ASSISTANT REGISTRAR \ //TRUE COPY// / SECTI FICER To, 1. The Principle Secretary, Revenue Department, State Of Andhra Pradesh, 4*^ Block, Ground Floor, Room No 135, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The District Collector, Ongole, Prakasam District, Andhra Pradesh. 3. The Joint Collector, Ongole, Prakasam District, Andhra Pradesh.' 4. The Revenue Divisional Officer, Ongole, Prakasam District, Andhra Pradesh. 5. The Tahsildar, Chandrashekarapuram Mandal (Regulachilaka village Jurisdiction), Prakasam District, Andhra Pradesh. 6. The VRO (Village Revenue Officer), Regulachilaka Village, Chandrashekarapuram Mandal,Prakasam District, Andhra Pradesh. 7. One CC to SRI. REGULAGADDA VENKATESH, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies PRK HIGH COURT DATED:30/01/2025 ORDER WP.No.2421 of 2025 3 n J4N m "a Current Secuon ^ 2: O DISPOSING OF THE WP, WITHOUT COSTS