APHC010541772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27949/2025 Between: 1. DONTHA KUMARI, W/O. GUNDALU, AGED ABOUT 41 YEARS, OCC CULTIVATION, R/O. D.NO. 5-513, PENCHIKALAPADU VILLAGE, MOKSHAGUNDAM VILLAGE, BESTAVARIPETA MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER, MARKAPURAM, PRAKASAM DISTRICT. 4. THE TAHSILDAR, BESTAVARIPETA MANDAL, PRAKASAM 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 a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in evicting the petitioner from the land of an extent of Ac.5.00 cents out of Ac.268.78 cents in Sy.No.1 and an extent of Ac.0.21 cents out of Ac.0.85 cents in Sy.No.331-4 situated at Mokhagundam Village, Bestawaripeta Mandal, Prakasam District in 2 pursuant to order dated Nil.10.2025 passed by the 4th Respondent under Section 6 of The Andhra Pradesh land Encroachment Act, 1905 (here in after referred to as Act 3 of 1905), is illegal, arbitrary, contrary to the Principles of Natural Justice and provisions of the Encroachment Act, 1905, and Arts 14, 21 and 300-A of the Constitution of India and set-aside the same and consequently direct the respondents not to dispossess the petitioner from the above said land and pass such other order or orders 0as are 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 to direct the respondents not to dispossess the petitioner from the land of an extent of Ac.5.00 cents out of Ac.268.78 cents in Sy.No.1 and an extent of Ac.0.21 cents out of Ac.0.85 cents in Sy.No.331-4 situated at Mokshagundam Bestawaripeta Mandal, Prakasam District, by suspending the order of the 4th respondent dated Nil.10.2025 under Section 6 of The Andhra Pradesh land Encroachment Act, 1905, pending disposal of the above Writ Petition and pass. Counsel for the Petitioner: 1. K NARSI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.27949 of 2025 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, especially one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in evicting the petitioner from the land of an extent of Ac.5.00 cents out of Ac.268.78 cents in Sy.No.1 and an extent of Ac.0.21 cents out of Ac.0.85 cents in Sy.No.331-4 situated at Mokhagundam Village, Bestawaripeta Mandal, Prakasam District in pursuant to order dated Nil.10.2025 passed by the 4th Respondent under Section 6 of The Andhra Pradesh land Encroachment Act, 1905 (here in after referred to as Act 3 of 1905), is illegal, arbitrary, contrary to the Principles of Natural Justice and provisions of the Encroachment Act, 1905, and Arts 14, 21 and 300-A of the Constitution of India and set-aside the same and consequently direct the respondents not to dispossess the petitioner from the above said land and pass such other order or orders pass ……” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The present writ petition is filed questioning the notice issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter for short referred as the ‘Act’) on the ground that the petitioner is in possession and enjoyment of the subject land and the petitioner is cultivating lemon trees in an extent of Ac.2.00 cents for the last 20 years and java plum trees in an extent of Ac.4.00 cents by using drip irrigation. Assignment patta was granted to an extent of Ac.2.07 cents, remaining land to an extent of Ac.4.33 cents is pending for consideration before Assignment Committee. 4 4. While the issue pending for consideration before Assignment Committee, meanwhile, the 4th respondent/Tahsildar has issued notice under Section 7 of the Act dated 18.09.2025 and the petitioner herein submitted his explanation on 26.09.2025 without considering the same, impugned order came to be passed and the order is bereft of reasons. Hence, the learned counsel for the petitioner requests this Court to set aside the order and the 4th respondent/Tahsildar may be directed to pass reasoned order and relied on the judgment of the Common High Court in Kadiyala Sudershan and Others Vs. Government of Andhra Pradesh and others1 held in the following manner: “the notice of eviction prescribed under Section 6 of the Act, which is akin to a decree, needs to be supported by a reasoned order comparable to a judgment. Otherwise, Section 7 of the Act providing for issuance of a show-cause notice would be rendered nugatory or reduced to an empty formality” 5. On reviewing the impugned order issued under Section 6 of the Act, the 4th respondent/Tahsildar as rightly argued by the learned counsel for the petitioner is bereft of reasons. 6. As no reason has been assigned, this Court is inclined to set aside the impugned order and remand back to the 4th respondent/Tahsildar to pass appropriate orders assigning reasons, 1 2013 (5) ALD 212 5 after considering the explanation dated 26.09.2025 offered by the petitioner, in accordance with law and communicate the same to the petitioner. 7. With the above said direction, the writ petition is disposed of. 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: 10.10.2025 Pmk 6 60 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No:27949 OF 2025 Date: 10.10.2025 Pmk