APHC010619852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 32352/2025 Between: 1. KANAGALA V LAVANYA KUMARI, D/OVENKATESWARLU, AGED ABOUT 42 YEARS, OCC EMPLOYEE R/O D. NO. 5-111, PEDDA MAKHANAM, CUMBUM POST AND VILLAGE, PRAKASAM DISTRICT - 523333. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 3. THE REVENUE DIVISIONAL OFFICER/SUBCOLLECTOR, MARKAPURAM, PRAKASAM DISTRICT. 4. THE TAHSILDAR, PEDDARAVEEDU MANDAL PRAKASAM DISTRICT. 5. VENNNA KRISHNA REDDY, S/O LAKSHMAREDDY, AGED ABOUT 52 YEARS, OCC AGRICULTURE, CUMBUMPADU POST, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT.-523330 ...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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned Notice/Order in RCB/292/2025, dated 22-10-2025 issued by the 4TH respondent with regard to petitioner lands in Sy.No.517 of an extent of Ac.6.08 cents situated in Cumbumpadu Village, Peddaraveedu mandal, Prakasam District under Section 6 of the A.P. Land Encroachment Act, 1905 against the Settled principles laid down in the Govt, of A.P. Vs. Thummala Krishna Rao report in AIR 1982 (SCC) 1081 and also in violation of Articles, 14, 19(1), 21 and 300- A of the Constitution of India and consequently set aside the impugned proceedings issued in in RCB/292/2025, dated 22-10-2025 issued by the 4th respondent with regard to petitioner lands in Sy.No.517 of an extent of Ac.6.08 cents situated in Cumbumpadu Village, Peddaraveedu mandal, Prakasam District 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 grant stay of all further proceedings in pursuant to Notice/Order in RCB/292/2025, dated 22-10-2025 issued by the 4TH respondent with regard to petitioner lands in Sy.No.517 of an extent of Ac.6.08 cents situated in Cumbumpadu Village, Peddaraveedu mandal, Prakasam District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.32352 of 2025 ORDER: This Writ Petition is filed seeking to set aside the impugned proceedings issued vide RCB/292/2025, dated 22.10.2025 by the 4th respondent with regard to the petitioner lands in Sy.No.517 of an extent of Ac.6.08 cents situated in Cumbumpadu Village, Peddaraveedu Mandal, Prakasam District. 2. Learned counsel for the petitioner submits that the Tahsildar/4th respondent has issued the impugned notice, dated 22.10.2025 under Section 7 of the A.P Land Encroachment Act, 1905 stating that the petitioner has encroached the subject land without any authorization and the said land is a Government Pathway. The petitioner has submitted explanation to the same on 30.10.2025. But, the said explanation was not considered by the respondent authorities. Learned counsel for the petitioner contends that the petitioner is a bonafide purchaser and she is not an encroacher. To support his contention, he has placed reliance on the registered Sale Deed, dated 11.10.2021. Hence, the learned counsel for the petitioner submits that the issuance of notice under Section 7 of the A.P Land Encroachment Act, 1905 is illegal, arbitrary and requests to set aside the same. 3. Considering the submissions of the learned counsel for the petitioner, as the petitioner has submitted explanation dated 30.10.2025 to the notice issued by the 4th respondent, this Court deems it appropriate to direct the respondents to consider the explanation submitted by the petitioner. 4. Accordingly, this Writ Petition is disposed of directing the respondents to consider the explanation submitted by the petitioner, dated 30.10.2025 and pass appropriate orders after following due procedure contemplated under Section 6 of A.P Land Encroachment Act, 1905. Till passing of the said orders, the respondents are restrained to interfere with the possession of the petitioner over the subject land. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. _____________________ JUSTICE D.RAMESH Date : 21.11.2025 TM THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.32352 of 2025 Date: 21.11.2025 tm