IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE f PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3116 OF 2025 Between: 1. Shek Rasul Saheb, S/o. Late Shek khasim Sab, Aged about 74 years, R/o. D.No. 10-725, Vinayakanagar, Mulakalacbereuvu Village & Mandal, Annamayya District, Erstwhile Chittoor District. Shek Baava Fakruddin, S/o. Shek Rasul Sabeb, Aged about 44 years, R/o. D.No. 10-725, Vinayakanagar, Mulakalacbereuvu Village and Mandal, Annamayya District, Erstwhile Chittoor District. Pathan Jaitun Bee, D/o. Shek Rasul Saheb, Aged about 37 years, R/o. D.No. 10-725, Vinayakanagar, Mulakalacbereuvu Village and Mandal, Annamayya District, Erstwhile Chittoor District. Shek Hussain Saheb, S/o. Late Shek Khasim Sab, Aged about 64 years, R/o. D.No. 11-121-A, Vinayakanagar, Mulakalacbereuvu Village and Mandal, Annamayya District, Erstwhile Chittoor District. 2. 3. 4. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat buildings, Velagapudi, Guntur District. The District Collector, Annamayya District at Rayachoti. The Tahsildar, Mulakalacbereuvu, Annamayya District. 2. 3. ...RESPONDENTS 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 OF MANDAMUS declaring the impugned show cause notices, dated 08.01.2025 vide R.O.C. A/25/2024 of the respondent by invoking the provisions under section 7 of A.P. Land Encroachment Act, 1905 calling for explanation on or before 23.01.2025 for taking action in respect of property to an extent of Ac.0.88 cents situated at Sy.No.425/1 of Vinayaka Nagar, Mulakalachereuvu Village and Mandal, Annamayya District, erstwhile Chittoor District, as illegal, arbitrary and contrary as per the Judgment of Apex Court in Government of A.P Vs. Thummala Krishna Rao in Civil Appeal No. 2031 of 1977, Dt. 16.03.1982 and in W.P.No. 1 /945 of 2020 of this Hon’ble Court and Consequently set-aside the impugned show cause notices dated 08.01.2025 vide R.O.C.A/25/202 4 in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned show cause notices dated 08.01.2025 vide R.O.C.A/25/2024 issued by the Respondent No.3, pending disposal of the writ petition. Counsel for the Petitioners : SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER i APHC010059842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3116/2025 Between: ...PETITIONER(S) Shek Rasul Saheb and Others AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: 1. During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to dispossess the petitioners from their land without following due process of law and also requested this Court to direct the respondents to consider the representation dated 21.11.2024 pending with the authorities. 2 Learned counsel appearing for the respondents, admitted that the petitioners are continuing in possession of their land and the respondents authorities would follow due process of law. He further submits that, the respondents authorities would pass appropriate orders on the representation. if any pending with them and requested to pass appropriate orders. 3. When the petitioners are in settled possession and enjoyment of the property, the respondents are not entitled to interfere with their possession and enjoyment of the petitioners and such highhanded action of the f respondents would amount to depriving the petitioner’s violating constitutional right guaranteed under Article 300-A of the Constitution of India, besides violation of Article 14 of the Constitution of India. Even assuming for a moment that this petitioners possession is illegal, still, the petitioner is required to be afforded an opportunity before taking appropriate action and in view of the law Rame Gowda (dead) by L.Rs. v. declared by the Apex Court in M.Varadappa Naidu (Dead) by L.Rs. 1 when the petitioners are in settled 2004(1) see 769 possession and enjoyment of the property, they cannot be dispossessed, without following due process of law. Further, the respondents are directed to consider the representation of the petitioner dated 21.11.2024 and dispose the same in accordance with law within four weeks from the date of receipt of copy of this order. 4. Till disposal of the representation of the petitioners, the respondents are directed not to dispossess the petitioners from their property, except by due process of law. 5. 6. With the above direction, the writ petition is disposed of, with the consent of both the counsel. No costs. 7. Consequently, miscellaneous petitions pending, if any, shall also stand closed. SD/- N.NAGAMMA ASSISTANjlJREGJSTRAR SECTIOffoFFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Guntur District. The District Collector, Annamayya District at Rayachoti. The Tahsildar, Mulakalacbereuvu, Annamayya District. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three C.D. Copies. 2. 3. 4. 5. 6. Cnr HIGH COURT DATED:05/02/2025 Of ftp 5 10 FEB 2025 | Current aection ^ ^'^^Sr>A’-cw’=0 ORDER WP.No.3116 of 2025 DISPOSING THE W.P. WITHOUT COSTS