APHC010323092023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16532 of 2023 Between: 1. K RATHNAM REDDY, S/O. LATE MUNIGANGI REDDY, AGED ABOUT 64YEARS, OCC.AGRICULTURE, R/O. KOTAGURUVE PALLI VILLAGE, MAMADUGU POST, GANGAVARAM MANDAL, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT. 4. THE TAHSILDAR, GANGAVARAM MANDAL, CHITTOOR DISTRICT. 5. THE DISTRICT PANCHAYATH OFFICER, CHITTOOR 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in trying to evict petitioner from the land in an extant of 0.48 Cents in Sy.No.703/6 in Kotaguruvepalli Village, Mamadugu post Gangavaram Mandal Chittoor District, without passing any summary proceedings as required under section 6 of Land Encroachment Act, 1905 against the explanations dated, 20-05-2023 submitted by the petitioner in pursuance of the Notice in RCA 2 163/2023 dated 15-05-2023, under section 7(3) of Land Encroachment Act, 1905 as arbitrary, illegal, contrary, exercise of power contrary to the provision of Land encroachment Act,1905 voilative of principals of natural justice and apart from being voilative of the fundamental rights guaranteed to petitioner under Articles 14 and 19 and 21 of the Constitution of India and consequently direct the respondent No.4 not to evict petitioner from the land in an extant of 0.48 Cents in Sy.No.703/6 in Kotaguruvepalli Village, Mamadugu post, Gangavaram Mandal, Chittoor district, without passing orders under section 6 of the Land Encroachment Act, 1905 to the explanation, dated, 20-05-2023 submitted by petitioner. 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 respondent No.4 not to evict petitioner from the land in an extant of 0.48 Cents in Sy.No. 703/6 in Kotaguruvepalli Village, Mamadugu post, Gangavaram Mandal, Chittoor District, without passing orders under section 6 of the Land Encroachment Act, 1905 to the explanation, dated, 20-05-2023 submitted by petitioner pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. S PARINEETA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.16532 of 2023 ORDER:- The present writ petition is filed under Article 226 of the Constitution of India for the following relief/s: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in trying to evict petitioner from the land in an extant of 0.48 Cents in Sy.No.703/6 in Kotaguruvepalli Village, Mamadugu post Gangavaram Mandal Chittoor District, without passing any summary proceedings as required under section 6 of Land Encroachment Act, 1905 against the explanations dated, 20- 05-2023 submitted by the petitioner in pursuance of the Notice in RCA 163/2023 dated 15-05-2023, under section 7(3) of Land Encroachment Act, 1905 as arbitrary, illegal, contrary, exercise of power contrary to the provision of Land encroachment Act,1905 voilative of principals of natural justice and apart from being voilative of the fundamental rights guaranteed to petitioner under Articles 14 and 19 and 21 of the Constitution of India and consequently direct the respondent No.4 not to evict petitioner from the land in an extant of 0.48 Cents in Sy.No.703/6 in Kotaguruvepalli Village, Mamadugu post, Gangavaram Mandal, Chittoor district, without passing orders under section 6 of the Land Encroachment Act, 1905 to the explanation, dated, 20.05.2023 submitted by petitioner and pass…” 2. The writ petition is filed assailing the notice dated 18.04.2023 vide proceedings in ROC.B/163/2023 of the respondent No.4/Tahsildar. The Tahsildar, Gangavaram Mandal has issued the notice dated 18.04.2023 directing the writ petitioner herein to take necessary steps/measures to prevent pollution and foul smells emitted by the poultry from the chicken farms effecting to the villagers. The said notice is assailed on the ground that writ petitioner is on long- 4 standing and his application is for assignment of subject which is pending for consideration before the respondent No.4/Tahsildar and the writ petitioner was perfected his title over the subject land through adverse possession and the writ petitioner cannot be evicted without involving the provisions of the Land Encroachment Act, 1905, which would enable the petitioner to file appropriate appeal before any appropriate Court or Authority for his redressal. 3. Learned Assistant Government Pleader for Revenue has furnished written instructions as part of record. The paragraph No.9 of the said written instructions is extracted hereunder for effective disposal of the Writ Petition, which reads thus: 1. It is submitted that the land in Survey No.703/6, to an extent of Ac.2.30 cents, is classified as Anadeenam as per the Revenue Records of Mamadugu Village. 2. It is submitted that the writ petitioner has encroached Government land, by constructing poultry sheds as the said land is adjacent to his patta land. 3. Accordingly, the then Tahsildar, Gavaram, issued a notice under Section 7of the A.P. Land Encroachment Act, 1905. The writ petitioner requested one month’s time to submit a detailed written explanation through his advocate. 4. Further, it is submitted that instead of submitting the written explanation or vacating the Government land, the writ petitioner has intentionally filed this writ petition with an intention to grab valuable Government land. 5 5. It is further submitted that the writ petitioner has not vacated the Government land till date. 6. It is submitted that this respondent has taken further action pursuant to the notice issued vide Roc.No.A/163/2023, dated 15.05.2023, in accordance with the provisions laid down under the A.P. Land Encroachment Act, 1905, as part of protecting Govt. Land. 7. The writ petitioner has filed this writ petition with the intention of unlawfully securing valuable Government land. Therefore, the writ petition is liable to be dismissed. 4. The written instructions indicates that already notice was served under Section 7 of A.P. Land and Encroachment Act, 1905 and the writ petitioner herein is granted one month time to submit a detailed explanation. Suppressing the said fact, the petitioner intentionally filed the present writ petition with an intention to grab the government land. 5. Without going into the merits of the case, the writ petition is disposed of, directing the writ petitioner herein to submit an explanation to the notice dated 18.04.2023 within two weeks from the date of receipt of a copy of this order, and on filing such application, the respondent No.4/Tahsildar is directed to pass orders in accordance with law and communicate the said decision to the petitioner herein. Till such time, the respondents, more particularly the respondent No.4, is directed not to take any coercive steps till considering the 6 explanation offered by the petitioner herein. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 01.12.2025 RMR/Siva 7 41 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No:16532 OF 2023 Date: 01.12.2025 RMR/Siva