APHC010553792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 28694/2025 Between: 1. BOMMIREDDY CHALAPATHI, S/O B.VENKATA RAMANA, AGED 54 YEARS, R/O H.NO.1/55, GANDIKOTA VILLAGE OF JAMMALAMADUGU MANDAL, KADAPA DISTRICT. 2. BOMMIREDDY PULLAMMA, W/O B.VENKATA RAMANA, AGED 75 YEARS, R/O H.NO.1/55, GANDIKOTA VILLAGE OF JAMMALAMADUGU MANDAL, KADAPA DISTRICT. 3. MIKKINENI RAMANAMMA, W/O MADDILETISWAMI, AGED 55 YEARS, R/O H.NO.4/69, AVUKU VILLAGE AND MANDAL, KUMOOL DISTRICT. 4. GALI LAKSHMI DEVI, W/O SHIVAIAH, AGED 35 YEARS, R/O H.NO.2-80, DOMAPADU VILLAGE AND MANDAL, KUMOOL DISTRICT. 5. THOTA RAJASEKHAR, S/O RAMASUBBANNA, AGED 44 YEARS, R/O H.NO.2-78, THULASI RAMANILAYAM, INDIRA NAGAR, NEAR POST OFFICE, BURRAREDDIPALLE, DOMAPADU MANDAL, NANDYAL DISTRICT. 6. ARIGELA RANGAKRISHNAIAH, S/O RANGAPPA, AGED 47 YEARS, R/O H.NO.2-78, BELLALA STREET, JAMMALAMADUGU, KADAPA DISTRICT. 7. BOMMIREDDY PADMANABUDU, S/O B.VENKATA RAMANA, 43 YEARS, R/O H.NO. 10/526, RTC BUS STAND ROAD, KOLLAKUNTLA VILLAGE AND MANDAL, KUMOOL DISTRICT. 8. MIKKINENI MADHAVI, W/O MALLIKARJUNA, 27 YEARS R/O H.NO.4/69, KUMMARI DIDDI ST., NEAR RAMALAYAM, AVUKU VILLAGE AND MANDAL, KUMOOL DISTRICT. 9. BOMMIREDDY GEETHAVANI, C/O MIKKINENI MANOHAR, AGED 26 YEARS, R/O H.NO.4/69, KUMMARI DIDDI STREET, NEAR RAMALAYAM, AVUKU VILLAGE AND MANDAL, KUMOOL DISTRICT. 10. THOTA LAKSHMI DEVI, W/O SRINIVASULU, AGED 44 YEARS, R/O H.NO.3-33, DOMAPADU VILLAGE AND 2 MANDAL, KUMOOL DISTRICT. 11. AMARASANI LAKSHMI NARASAMMA, W/O SUBBARAYUDU, AGED 51 YEARS, R/O H.NO.2-257, INDIRA NAGAR, BURRAREDDIPALLE, POST CHAKARA- JUVEMULA, DOMAPADU MANDAL, KUMOOL DISTRICT. 12. MARASANI RAMALAKSHMAMMA, W/O SRINIVASULU, 52 YEARS, R/O H.NO.2-256, INDIRA NAGAR, BURRA- REDDIPALLE, DOMAPADU MANDAL, KUMOOL DISTRICT. 13. AMARASANI SANJAMMA, W/O NARAYANA, 55 YEARS, R/O H.NO.2-187, INDIRA NAGAR, BURRAREDDIPALLE, DORNAPADU MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, THROUGH ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VLAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, KADAPA DISTRICT, KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, KADAPA. 4. THE TAHSILDAR, JAMMALAMADUGU MANDAL JAMMALAMADUGU, KADAPA DISTRICT. 5. THE SUPERINTENDENT OF POLICE, KADAPA DISTRICT, KADAPA. ...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 topleased to issue writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in issuing impugned proceedings vide Ref.No.C/285/2025 Dt 02.07.2025, stating Eviction of Encroachment of Ac.0.85 cents in Sy.No.99 of Gandikota Village of Jammaladugu Mandal as illegal, arbitrary, colourable exercise of power, favouring extraneous considerations, against the principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set-aside the impugned proceedings vide Ref.No.C/285/2025 Dt 02.07.2025 of the 4th respondent and further extend Police protection to petitioners respective properties and 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 pleased to direct the 4th respondent not to dispossess the petitioners herein from their respective extent vide the File No.E/88/2012 Dt:12.02.2012 situate in Sy.No.99 of Gandikota Village of Jammaladugu Mandal by suspending the impugned proceedings Ref.No.C/285/2025 Dt-02.07.2025, pending disposal of the Writ Petition and pass IA NO: 2 OF 2025 3 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 pleased to direct the 5th respondent to extend Police protection to the petitioners as well their respective properties situate in Sy.No.99 of Gandikota Village of Jammaladugu Mandal pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. A DURGA BHASKAR Counsel for the Respondent(S): 1. GP FOR REVENUE 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28694 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in issuing impugned proceedings vide Ref.No.C/285/2025 Dt 02.07.2025, stating eviction of Encroachment of Ac.0.85 cents in Sy.No.99 of Gandikota Village of Jammaladugu Mandal as illegal, arbitrary, colourable exercise of power, favouring extraneous considerations, against the principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently set-aside the impugned proceedings vide Ref.No.C/285/2025 Dt 02.07.2025 of the 4th respondent and further extend police protection to petitioners respective properties and pass such other relief or reliefs…” 2. It is asserted in the affidavit filed in support of the writ petition that the 4th respondent issued show cause notice vide Ref.No.A/10/2025, dated 06.03.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter for short referred as the ‘Act’) alleging that the petitioners have unauthorizedly occupied Ac.0.85 cents in Survey No.99 of Gandikota Village, Jammalamadugu Mandal. Thereafter, respondent No.4 issued proceedings vide Ref.No.C/285/2025 dated 02.07.2025 under Section 6 of the Act, directing the Mandal Revenue Inspector, Jammalamadugu, to evict all the encroachers. 5 3. Heard learned counsel for petitioners and learned counsel for respondents. 4. Learned State counsel would submit that petitioners have not submitted explanation to Section 7 notice and hence, Section 6 proceedings have been issued. He further submits that petitioners may be permitted to submit explanation and the respondents may consider the same in accordance with law. 5. Learned counsel for petitioners does not refute the said submission. 6. In view of the submissions made by both the learned counsel, without going into merits of the matter, the present Writ Petition is disposed of permitting the petitioners to submit explanation to the eviction notice. On receiving the same, the respondents are directed to examine the same and pass appropriate orders in accordance with law and communicate the decision to the petitioners. Till the decision is taken, the respondents are directed not to take any coercive steps against the petitioners’ property. 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: 23.10.2025 KBN