IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4604 OF 2025 Between: 1. Gurugubelli Annapurna. W/o Late Chandrasekhara Rao, Aged: 78 years, Occ; Cultivation, R/o Karakavalasa Village, Mallikarjunapuram Panchayat, LN Peta Mandal, Srikakulam District. 2. Gurugubelli Rama Shankar, S/o Late Chandrasekhara Rao, Aged: 45 years, Occ: Private Employee R/o Karakavalasa Village, Mallikarjunapuram Panchayat, LN Peta Mandal, Srikakulam 3. Gurugubelli Yogeswari,, W/o Late District. G. Ravi, Aged: 45 years, Occ: Service, R/o Karakavalasa Village, Mallikarjunapuram Panchayat, LN Peta Mandal, Srikakulam District. 4. Gujjala Yogeswara Rao, S/o Cultivation, R/o Karakavalasa Village, Mallikarjunapuram LN Peta Mandal. Srikakulam District. Pentayya, Aged: 36 years, Occ: Panchayat, ...PETITIONERS AND 1. state of Andhra Pradesh, Rep. by its Principal Secretary Government, Revenue Department, Secretariat, Guntur District. 2. District Collector, Srikakulam District. 3. Revenue Divisional Officer, Tekkaii Division, Srikakulam District. 4. Tahsildar, LN Peta Mandal, Srikakulam District. to Velagapudi, Amaravati ...RESPONDENTS of India praying that in the circumstances stated in the affidavit filed therewith, the High Court Petition under Article 226 of the Constitution may be pleased to issue a writ, order or direction more particularly nature of WRIT OF MANDAMUS declaring the Eviction 19-12-2024 issued one in the Notice, dt. Land under Section 6 of Andhra Pradesh Encroachment Act, 1905 by the 4th respondent thereby directed petitioners to vacate their respective agricultural lands covered by Survey No.2-6 situated in Mallikarjunapuram Village of LN Peta Mandal in the Srikakulam District, without issuing Notice under Section 7 of Andhra Pradesh Land Encroachment Act, 1905 and without passing speaking order, as illegal, arbitrary, violative of principles of natural justice provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends Articles 14, 21 and 300-A of Constitution of India and and consequently set aside the Notice dt. 19-12-2024 and direct the respondents not to interfere with petitioners peaceful possession and enjoyment of their respective lands. lA NO: 1 OF 202fi 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 to suspend the operation of Eviction Notice, dt. 19-12-2024 issued by the 4*^ respondent and also direct the respondents 2 to 4 not to dispossess the petitioners from their respective agricultural lands by Survey No.2-6 situated in Mallikarjunapuram Village of LN Peta Mandal in Srikakulam District, pending disposal of the main writ petition. covered Counsel for the Petitioners: SRI SRINIVAS AMBATI Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER APHC010083252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 4604/2025 Between: ...PETITIONER(S) Gurugubelli Annapurna and others AND ...RESPONDENT(S) State of Andhra Pradesh and others Counsel for the Petitioner(S): 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER: This writ petition is filed under Article 226 of the Constitution of India praying to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the eviction notice dt. 19.12.2024 issued under Section 6 of Andhra Pradesh Land Encroachment Act, 1905 by the 4'^ respondent thereby directed the petitioners to vacate their respective agricultural lands covered by Survey No.2-6 situated in Mallikarjunapuram Village of LN Peta Mandal in Srikakulam District, without issuing notice under Section 7 of Andhra ' ” Pradesh Land Encroachment Act, 1905 and without passing speaking 2 WP No.4604 of 2025 order, as illegal, arbitrary, violative of principles of natural justice and provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the notice dt. 19-12-2024 and direct the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of their respective lands. 2. The case of the petitioner is briefly as follows: The 2"'^ petitioner is the son and the 3'^'^ petitioner is the daughter- in-law of the 1®* petitioner. The petitioners no.1 to 4 owned and possessed dry land of Ac.1.00 cents, Ac.0.50 cents, Ac.0.50 cents and Ac.2.79 cents respectively in S.No.2-6 situated at Mallikarjunapuram village, LN peta Mandal, Srikakulam District. All the petitioners raised Neelagiri, Mango trees and eke out their livelihood. A person by name Kagitapalli Bhaskara Rao, resident of Borrampeta village of L.N.Peta Mandal gave a complaint in public grievance cell against the village surveyor by name Birlangi Ramamohana Rao. The 4'^' respondent committed serious error in issuing the impugned notice dated 19.12.2024 without issuing notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short, the Act) 3. The learned counsel for the petitioners mainly contended that without issuing statutory notice under Section 6 of the Act, 1905, the 4*'' respondent illegally issued eviction notice under Section 7 of the Act, 1905. 4. The learned Assistant Government Pleader for Revenue placed on record the written instructions of the Tahsildar, L.N.Peta Mandal, Srikakulam District dated 21.02.2025 and requested to treat the notice dated 19.12.2024 issued to the petitioners as one under Section 7 of the "9 WP No.4604 of 2025 3 Act and thereafter the petitioners may be permitted to submit the explanation and give liberty to the authorities to pass appropriate order. The learned counsel for the petitioners objected the same contending that it is against the procedure contemplated under law. 5. Since, admittedly the impugned notice was not preceded by the statutory notice under Section 7 of the Act, 1905, obviously the impugned notice is illegal. It cannot be converted into notice under Section 6 of the Act, 1905. 6. 7. Accordingly, the writ petition is allowed. The impugned notice dated 19.12.2024 is set aside. However, the respondent authorities are at liberty to take steps as per law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, to Government, Revenue Department, State of Secretariat, Velagapudi, Amaravati, Guntur District. 1. The Principal Secretary Andhra Pradesh 2. The District Collector, Srikakulam District. Tekkali Division, Srikakulam District. 3. The Revenue Divisional Officer 4. The Tahsildar, LN Peta Mandal, Srikakulam District. 5. One CC to Sri Srinivas Ambati, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:21/02/2025 g 12 MAR 2025 . Curreiu ;>«ciion . ^ ORDER WP.No.4604 of 2025 C9, ALLOWING THE W.P. WITHOUT COSTS