APHC010553572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28926 OF 2025 Between: 1. SOMAIAHGARI NAGESWARA RAO, S/o. Seshaiah, Aged 57 years, Occ- Agriculture, R/o. D.N0.11-33-935F, Backside of Saibaba Temple Vengalarao Nagar, Kavali Town, SPSR Nellore District. 2. Somaiahgari Sunil, S/o. Nageswara Rao, Aged 27 years, Occ- Agriculture, R/o. D.N0.11-33-935F, Backside of Saibaba Temple Vengalarao Nagar, Kavali Town, SPSR Nellore District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, SPSR Nellore District. 3. The Tahsildar, Kavali Mandal, SPSR Nellore District 4. Thummalapenta Grampanchayat, Rep. by its Secretary, Thummalapeta Village, Kavali Mandal, SPSR Nellore District. ...Respondents 2 W.P.No.28926 of 2025 Counsel for the Petitioners: V R MACHAVARAM Counsel for the Respondents: GP FOR REVENUE 3 W.P.No.28926 of 2025 The Court made the following ORDER: This writ petition is filed assailing the notice under Section 6 of A.P. Land Encroachment Act, 1905, dated 25.08.2025. Despite receipt of notice under Section 7, the petitioners could not able to submit their explanations. The authorities have passed Section 6 order/notice unilaterally. Questioning the same, the present writ petition is filed. 2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. 3. Considering the submissions and perusal of the record, this Hon’ble Court passed interim order on 23.10.2025. 4. The allegation in the notice is that the petitioners have encroached 6 cents of Grampanchayat road and constructed a house and complex. On perusal of the notices, this Court is not inclined to go into the merits as the petitioner has not submitted any explanation. Pursuant to the Section 7 notice dated 05.08.2025, the authorities have passed a Section 6 notice on 25.08.2025. 5. As the Section 10(1)(a) provides a remedy of appeal within 60 days from the date of order, but the petitioners have already obtained an interim direction on 23.10.2025, liberty is given to the petitioner to file an appeal within two (2) weeks under Section 10(1)(a) if any such appeal along with the interim application is filed, the authorities may consider the application, if any, and pass appropriate orders. 6. Till such time, the interim order granted by this Court on 23.10.2025 operates. 7. Accordingly, the writ petition is disposed of. No order as to costs. 4 W.P.No.28926 of 2025 Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. ___________________________ JUSTICE D. RAMESH Date: 20.11.2025 NSM 5 W.P.No.28926 of 2025 161 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28926 OF 2025 20.11.2025 NNSSM M