APHC010234592023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 12302/2023 Between: 1. VEMULACHEDU VENKATA MADHAVAIAH, S/O VEMULACHEDU CLIENCHU DASARADHARAMAIAH, AGED 56 YEARS, R/O 1-45, KADAGUNTA VILLAGE, BALAYAPALLI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDIIRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, 4TH BLOCK, GROUND FLOOR, ROOM NO.135, A.P. SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, OF SPSR NELLORE DISTRICT, ANDHRA PRADESH. 4. THE REVENUE DIVISIONAL OFFICER, OF SPSR NELLORE DISTRICT, ANDHRA PRADESH. 5. THE TAHASILDAR, OF BALAYAPALLI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 6. THE GRAM PANCHAYATY, REP, BY ITS SECRETARY, KADAGUNTA VILLAGE, BALAYAPALLI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. 7. SMT VANA PARVATHI, W/O VANA MADHAVAIAH, AGED 36 YEARS, R/O 26-14, KADAGUNTA VILLAGE, BALAYAPALLI MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...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 to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities in issuing Impugned Notice Dated 01/05/2023 under section 7 of the Andhra Pradesh Land Encroachment Act, 1905 in dispossessing the petitioner from his land of extent Ac. 1.46 cents situated in the survey No. 171/2 of Kadagunta Village, Balayapalli Mandal, SPSR Nellore District, Andhra Pradesh without following the 2 procedure contemplated under section 6 of the 1905 Act which is contrary to the Clause 4 of G.O. MS. No. 188 Panchyath Raj and Rural Development (Ptc-IV) Department Dated 21/07/2011 is illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently set-aside the impugned notices dated 01/05/2023 issued U/S 7 of the Andhra Pradesh Land Encroachment Act, 1905 and pass IA NO: 1 OF 2023 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 interfere into the peaceful possession of the petitioner's land situated in Survey NO 171/2 Kadagunta Village, Balayapalli Mandal, SPSR Nellore District, Andhra Pradesh in an extent Ac. 1.46 without following procedure established by the law and pass Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. G VENKATESWARLU 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.12302 of 2023 ORDER:- The present 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 respondent authorities in issuing Impugned Notice Dated 01/05/2023 under section 7 of the Andhra Pradesh Land Encroachment Act, 1905 in dispossessing the petitioner from his land of extent Ac.1.46 cents situated in the survey No.171/2 of Kadagunta Village, Balayapalli Mandal, SPSR Nellore District, Andhra Pradesh, without following the procedure contemplated under section 6 of the 1905 Act which is contrary to the Clause 4 of G.O.MS.No.188 Panchyath Raj and Rural Development (Ptc-IV) Department Dated 21/07/2011 is illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently set-aside the impugned notices dated 01/05/2023 issued U/S 7 of the Andhra Pradesh Land Encroachment Act, 1905 and pass such other orders…” 2. Assailing the notice dated 01.05.2023, issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter for short referred as the ‘Act’), present writ petition has been filed. 3. On careful perusal of the affidavit, this Court finds no reason to allow the writ petition. However, on 08.05.2023, this Court granted interim order directing the parties to maintain Status Quo. 4. After arguing for sometime, learned counsel for petitioner submits that it would suffice to permit the petitioner to submit an explanation to the impugned notice dated 01.05.2023 and the respondents may be directed to consider the same, in accordance with law. 4 5. Learned Government Pleader does not refute the said submission. 6. The procedure contemplated under Section 6 of the Act, to hold a summary inquiry into the facts of the case, means not to evict forcibly without taking into consideration the explanation offered by the encroachers. To fortify the said contention, this Court places reliance of the judgment of the common High Court of Andhra Pradesh in the case of Pre. Jothi Education Society vs Secretary, Major Irrigation1. The Division Bench of the High Court held in the following: “Since the respondents passed the order under Section 6 of the Encroachment Act on 28.4.2001 without considering the objections of the petitioner, in order to meet the ends of justice, the order passed by the respondents under Section 6 of the Encroachment Act on 28.4.2001 has to be set aside and we do so. Since we have held that the notice dated 18.4.2001 issued by the respondents under Section 7 of the Encroachment Act is a proper notice and the objections filed by the petitioner on 30.4.2001 have not been considered, we permit the respondents to pass appropriate order in the light of the objections filed on 30.4.2001 by the petitioner to the Sec.7 notice, according to law. Pending a decision by the respondents as directed by us, no coercive steps shall be taken against the petitioner by the respondents.” 7. After hearing both learned counsel for the petitioner and learned Government Pleader, the above referred judgment is squarely applicable to the present facts of the case. 1 2002 (6) ALD 83 A 5 8. Therefore, without going into merits of the matter, the present Writ Petition is disposed of, permitting the petitioner to submit an explanation to the notice dated 01.05.2023, within a period of two (02) weeks from the date of receipt of a copy of the order. On receipt of such explanation, the respondents are directed to examine the same and pass appropriate orders, in accordance with law, as expeditiously as possible. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.11.2025 KBN 6 40 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.12302 of 2023 Date: 05.11.2025 KBN