:>4 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH| TWO THOUSAND AND TWENTY FIVE V PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4079 OF 2025 Between: 1. Sri Manukinda Lakshmi Narayana, S/o Rangadu, Aged about 54 years, R/o D. No. 2-119, Chinnavaduguru Village, Peddavaduguru Mandal, Anantapur District. 2. Sri Manukinda Bala Anjineyulu, S/o Sanjappa, Aged about 66 years, R/o D. No. 2-98A, Chinnavaduguru Village, Peddavaduguru Mandal, Anantapur District. 3. Sri Jadam Sanjeevudu, S/o J.Sanjappa, Aged about 66 years, R/o D. No. 2/148, Chinnavaduguru Village, Peddavaduguru Mandal, Anantapur District. 4. Sri Manikinda Sanjappa, S/o Late M. Sanjappa, Aged about 85 years, R/o D. No. 2-101, Chinnavaduguru Village, Peddavaduguru Mandal, Anantapur District. 5. Sri Manukinda Hanumanna, S/o M. Sanjappa, Aged about 66 years, R/o D. No. 2/100, Chinnavaduguru Village, Peddavaduguru Mandal, Anantapur District. 6. Smt. Abedodi Bella Sreedevi, W/o A B Ranga Prasad Reddy Aged about 52 years, R/o D. No. 15-572, Chinnavaduguru Village, Peddavaduguru Mandal, Anantapur District. 7. Sri Mangala Ranganayakullu, S/o Mangala Rangamuni Aged about 36 years, R/o D. No. 2-141, Chinnavaduguru Village, Peddavaduguru Mandal, Anantapur District. ...Petitioners AND 4^ 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur ^ District. 2. The District Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur Division, Anantapur District. 4. The Tahsildar, Peddavaduguru Mandal. Anantapur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order, or Direction, particularly one in the nature of a Writ of Mandamus, declaring the action of the 4th respondent in issuing a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, vide Rc. No. A/22/2025 dated 31.01.2025 illegal violative of Articles 14, 19, and 300A of the Constitution may arbitrary, and of India. Consequently, set aside the notice issued by the 4th respondent, vide Rc. No. A/22/2025 dated 31.01.2025, in the interest of justice. lA NO: 1 OF ?n7.<; Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to suspend the proceedings issued by the4th respondent, vide Rc. No. A/22/2025 dated 31.01.2025, by directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner's land in Sy. No. Ill, and extent of Ac. 0.03 Cents each, situated in Chinnavaduguru Village, Peddavaduguru Mandal, Anantapur District, in the interest of justice. Counsel for the Petitioners: SRI. K SRINIVAS Counsel for the Respondents: GP FOR REVENUE The Court made the following order: may be APHC010077452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4079/2025 Between: Manukinda Lakshmi Narayana and Others ...PETITIONER{S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: f9 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:4079/2025 ORDER: This 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 a Writ of Mandamus declaring the action of the 4^^ respondent in issuing a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 vide Rc.No.A/22/2025 dated 31.01.2025 illegal, arbitrary and violative of Articles 14, 19 and 300-A of the Constitution of India Consequently set aside the notice issued by the 4^^ respondent vide Rc.No./V22/2025 dated 31.01.2025 in the interest ofjustice and pass and pass such other order or orders ” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are in occupation of the lands admeasuring to an extent of Ac.0.03 cents each in Sy.No.111 situated at Chinnavaduguru Village, Peddavaduguru Mandal Anantapur District. While so, the respondent No.4 issued a notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 vide Rc.No.A/22/2025 dated 31.01.2025 on the ground that the petitioners herein encroached the subject property and are liable for eviction as per Section 6 of the Act, 1905 and further directed the petitioners to submit their explanations as to why the petitioners shall not be evicted from the subject land under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. For which, the petitioners herein submitted their explanations to respondent No.4. Even after receipt of the said explanations, the respondent authorities, more particularly, respondent No.4 neither considered the same nor passed any orders. Aggrieved by the same, the petitioner herein filed the present writ petition. On the other hand, learned Government Pleader appearing for the respondents furnished written instructions dated 14.02.2025 issued by respondent No.4, wherein, it is stated that the subject land is classified as a water body and same cannot be encroached. It is further stated that the petitioners herein submitted their explanations on 10.02.2025 to the notice dated 31.01.2025. He further submits that the explanations submitted by the petitioners in response to the notice dated 31.01.2025 would be considered by the respondents in accordance with law, within a reasonable time. 4. Having regard to the submissions made by learned counsel for the petitioner and learned Government Pleader for the respondents, in view of the facts and circumstances of the case, without touching merits of the case, this Court is of the considered view that the present Writ Petition can be disposed of, directing the respondent authorities to consider the explanations said to have been submitted by the petitioners in response to the notice dated 31.01.2025 issued by the respondents and to pass appropriate orders, within a period of eight (08) weeks from the date of receipt of a copy of this order. In the meanwhile. Status quo obtaining as on today shall be maintained by all 5. the parties concerned. i WW' 6. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER SEC To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati 2. The District Collector, Anantapur, Anantapur District. 3. The Revenue Divisional Officer, Anantapur Division, Anantapur District. 4. The Tahsildar, Peddavaduguru Mandal. Anantapur District. 5. One CC to Sri. K Srinivas Advocate [OPUC] 6. TwoCCsto GP for Revenue, High Court Of Andhra Pradesh 7. Three CD Copies Guntur District. ■ [OUT] GSC HIGH COURT DATED:17/03/2025 ORDER WP.No.4079 of 2025 5 27 MAR 2025 % a .C9 ^ . Current Section . DISPOSING OF THE WP WITHOUT COSTS