APHC010538682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 27811/2025 Between: 1. SINGAMPALLI GANESH, S/O APPALNAIDU, AGED 33 YEARS, R/0. 6-235, NATHAVARAM VILLAGE, NATHAVARAM MANDAL, ANKAPALLI DISTRICT, ANDHRA PRADESH-531115. ...PETITIONER AND 1. THE STATE OF AP, 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 STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, PANCHYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI,GUNTUR DIST, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 4. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM, ANAKAPALLE DISTRICT, ANDHRA PRADESH. 5. THE TAHSILDAR, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 6. THE NATHAVARAM GRAM PANCHAYAT, NATHAVARAM VILLAGE, NATHAVARAM MANDAL, ANKAPALLE DISTRICT, ANDHRA PRADESH. 2 7. THE SUBCOLLECTOR, NARSIPATNAM, ANKAPALLE 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 the respondent No.5 in issuing impugned orders of eviction issued in Rc.No.281/2025/A dated 18.09.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 in respect of land situated in Sy. No.289 admeasuring to an extent of Ac.0.117 cents of Nathavaram Village, Nathavaram Mandal, Ankapalle District, Andhra Pradesh which is different from the extent specified in the eviction notice dated 14.08.2025 issued by the respondent No.5 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 which is in respect of Survey No.289 admeasuring to an extent of Ac.0.90 cents of Nathavaram Village, Nathavaram Mandal, Ankapalle District and further issuance of summary notice for eviction issued vide Rc.No.351/2025/JA, dated 18.09.2025 thereby forcing him to evict without considering the explanation submitted by the petitioner on 07.08.2025 without application of mind and without following due procedure established by law as illegal, unjust, arbitrary and in contrary to the judgment passed by this Hon'ble High Court of Andhra Pradesh in the case of Allu Satyanarayana V. State of Andhra Pradesh W.P. 18203/2021 Dated 25/08/2021 and consequently set aside the impugned faulty impugned orders of eviction issued in Rc. No.281/2025/A dated 18.09.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 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 to suspend the impugned orders of eviction issued in Rc. No.281/2025/A dated 18.09.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 in respect of land situated in Sy. No.289 admeasuring to an extent of Ac.0.117 cents of Nathavaram Village, Nathavaram Mandal, Ankapalle District, Andhra Pradesh which is different from the extent specified in the eviction notice dated 14.08.2025 issued by the respondent no.5 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 which is in respect of Survey No. 289 admeasuring to an extent of Ac.0.90 cents of Nathavaram Village, Nathavaram Mandal, Ankapalle District and subsequent summary notice for eviction issued vide Rc.No.351/2025/JA, dated 18.09.2025 and pass 3 IA NO: 2 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 respondent authorities not to demolish and evict petitioner from his land situated at Survey No. 292 admeasuring to an extent of Ac.2.15 cents; Sy. No 292-A to an extent of Ac.0.25 cents and Sy. No.292-B to an extent of Ac.0.20 cents of Nathavaram Village, Nathavaram Mandal, Ankapalle District, except due process of law and pass Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 27811 of 2025 ORDER: The 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 the respondent No.5 in issuing impugned orders of eviction issued in Rc.No.281/2025/A dated 18.09.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 in respect of land situated in Sy. No.289 admeasuring to an extent of Ac.0.117 cents of Nathavaram Village, Nathavaram Mandal, Ankapalle District, Andhra Pradesh which is different from the extent specified in the eviction notice dated 14.08.2025 issued by the respondent No.5 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 which is in respect of Survey No.289 admeasuring to an extent of Ac.0.90 cents of Nathavaram Village, Nathavaram Mandal, Ankapalle District and further issuance of summary notice for eviction issued vide Rc.No.351/2025/JA, dated 18.09.2025 thereby forcing him to evict without considering the explanation submitted by the petitioner on 07.08.2025 without application of mind and without following due procedure established by law as illegal, unjust, arbitrary and in contrary to the judgment passed by this Hon'ble High Court of Andhra Pradesh in the case of Allu Satyanarayana V. State of Andhra Pradesh W.P. 18203/2021 Dated 25/08/2021 and consequently set aside the impugned faulty impugned orders of eviction issued in Rc.No.281/2025/A dated 18.09.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 and pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case.” 5 2. Precisely, the Writ Petition is filed on the ground that without considering the explanation offered by the petitioner, the present impugned notice came to be issued under Section 7 of A.P. Land Encroachment Act, 1905 (for short Act). 3. 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.” 1 2002 (6) ALD 83 AP 6 4. After hearing both learned counsel for the petitioner and learned State Counsel, the above referred judgment is squarely applicable to the present facts of the case. 5. The Court has determined that it is appropriate to consider the Writ Petition at the admission stage with the consent of both parties. 6. The present impugned order came to be passed under Section 7 of the A.P.Land Encroachment Act without considering the explanation submitted by the petitioner to the notice issued under Section 6 of the Act. 7. Therefore, the present Writ Petition is disposed of, directing the respondents to examine the explanation submitted by the petitioner and pass appropriate orders in accordance with law and communicate the decision to the petitioner. Till the decision is taken, the respondents are directed not to take any coercive steps against the petitioner’s 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 : 09.10.2025 SPP 7 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No:27811 of 2025 Date : 09.10.2025 SPP