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2025 DAILYLAW 58443 (AP)

SRI JANMASTHALA KSHETRA SEVA SAMITHI v. THE STATE OF ANDHRA PRADESH

WP/29740/2025 · 2025-11-12

D Ramesh

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010574222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29740/2025 Between: 1. SRI JANMASTHALA KSHETRA SEVA SAMITHI, S ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, F ...RESPONDENT Counsel for the Petitioner: 1. PHANI VISWANATH CHALLA Counsel for the Respondent: 1. The Court made the following: 2 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29740 of 2025 ORDER: The present writ petition is filed challenging the notice dated 15.09.2025 issued under Section 6 of the Andhra Pradesh Land Encroachment Act III of 1905 (for short, ‘the Act’). 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. In fact, earlier some third parties have approached this Court by way of a public interest litigation questioning the inaction on part of the official respondents in evicting private respondent No.11 therein from the land in question and the same was numbered as W.P.(PIL) No.208 of 2024, wherein this Court has taken note of the order passed by the authorities under Section 6 of the Act dated 15.09.2025. Learned counsel for respondent No.11 therein has brought to the notice of the Court that he has not aware about the said proceedings and only at the time of public interest litigation he came to know about the existence of the impugned proceedings. Hence, the said proceedings were assailed in this writ petition. 3 4. Though in the said order the authorities have directed to vacate the premises within 48 hours, the fact remains that as per the statute any order passed under Section 6 of the Act the effected person has a remedy of appeal under Section 10(i) of the Act within 60 days. In view of the same, this Court is not inclined to go into the merits of the case. 5. Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to file an appeal under Section 10(i) of the Act within a period of 15 days from today and along with the appeal the petitioner may also file an interim application. If any such appeal is filed along with the interim application, the authorities may consider the same and pass appropriate orders on the interim application expeditiously and the appeal may be disposed of within a period of four (4) months. Till disposal of the interim application, the respondents are directed to maintain status quo. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 13.11.2025 Ivd 4 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29740 of 2025 Dated: 13.11.2025 Ivd