7 IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4421 OF 2025 Between: 1. Juttiga Venkatarathnam, S/o Venkanna, Aged about 73 years, Resident of D.No.7-160, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 2. Donga Naga Lakshmi, W/o Donga Nagaiah, Aged about 28 years. Resident of D.No.7-187, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 3. Mallula Savithri, W/oJate Lachanna, Aged about 83 years. Resident of D.No.7-181, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A,P 4. Joghi Narsamma, W/o Peddiraju, Aged about 55 years. Resident of D.No. 7-185, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 5. Gudala Lakshmi, W/o G. Satyanarayana, Aged about 32 years. Resident of D.No.7-186, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 6. Jogi Lakshmi, W/o Narasimha Murthy, S/o Jogi Peddulu, Aged about 35 years. Resident of D.No.7-185, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 7. Mallula Satyavathi, W/o Thimurthulu, S/o M. Latchanna, Aged about 50 years. Resident of D.No.7-180, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 8. Varri Lakshmi, W/o Peddiraju, Aged about 41 years. Resident of D.No.7-163, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P r 9. Mallula Srinivasulu, S/o M. Peddulu, Aged about 51 years. Resident of ASR Nagar, Palakoderu Village and Mandal, West D.No.7-135 Godavari District, A.P 10. Guttula Padma, W/o G. Veeranjaneyulu, Aged about 39 years, Resident of D.No.7-139, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 11. Macha China Lakshmi, W/o M. Srinivas, Aged about 42 years. Resident of D.No.7-127, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P 12. Devavarapu Satyavathi, W/o Subba Rao, Aged about 65 years. Resident of D.No. 11-14, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 13. Donga Parvathi, W/o Pandu Rangayya, Aged about 37 years. Resident of D.No.7-123/2, ASR Nagar, Palakoderu Village and Mandal, West Godavari District. 14. Mallula Durga Rao, S/o M. Venkateswar Rao, Aged about 34 years. Resident of D.No.7-122/1, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 15. Pala Venkateswara Rao, S/o Narasimhulu, Aged about 56 years. Resident of D.No.7-97, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 16. Juttiga Naga Durga Rao, S/o J. Baburao, Aged about 30 years. Resident of D.No.2-168, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 17. Koppusetti Ramana, S/o K. Satyanarayana, Aged about 33 years. Resident of D.No.7-126/1, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 18. Mallula Satya Narayana, s/o M. Ramakrishna, Aged about 43 years. Resident of D.No.7-90, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 19. Nagavarapu Chinna, W/o Satyanarayana, Aged about 65 years. Resident of D.No.7-104, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 20. Hanumanthu Chinnamma, W/o Bhaskara Rao, Aged about 56 years. Resident of D.No.7-101, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 21. Gandikota Jayaraju, S/o G. Satyanarayana, Aged about 43 years. Resident of D.No.7-96, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 22. Mallula Venkateswarlu, S/o China Venkanna, Aged about 33 years. Resident of D.No.7-115, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. 23. Nagavarapu Paparao, S/o N. Satyanarayana, Aged about 43 years. Resident of D.No.7-104, ASR Nagar, Palakoderu Village and Mandal, West Godavari District, A.P. ...PETITIONERS AND 1. The State of AP, rep.by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The DistrictCollector,West GodavariDistrict, Bhimavaram. 3. The Revenue Divisional Officer, Bhimavaram Revenue Division, West Godavari District. 4. The Tahsildar, Palakoderu Mandal, West Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the proceedings dated 04-02-2025 passed by the Tahsildar/ Respondent No.4 directing the petitioners to vacate the house properties bearing D.Nos. 7- 160, 7-187, 7-181, 7-185, 7-186, 7-185, 7- 180, 7-163, 7-135, 7-139, 7-127, 11-14, 7-123/2, 7-122/1, 7-97, 2-168, 7- 126/1, 7-90, 7-104, 7-101, 7-96, 7- 115 and 7-104 respectively in ASR agar, Palakoderu Village and Mandal, West Godavari District, A.P within 2 days as illegal, arbitrary. Irrational, colorable exercise of power and contrary to the provisions of AP Land Encroachment Act, 1905 besides being violative of Articles 14, 21, and 300A of Constitution of India and consequently set-aside the proceedings dated 04.02.2025 issued by the Tahsildar/ Respondent No. 4 and pass such other order or orders as this Hon'ble court may deem fit and proper in the interest of justice, equity and good conscience for which the Petitioners shall be duty bound and forever grateful. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings dated 04-02-2025 passed by the Tahsildar/ Respondent No. 4 and thereby restrain the Tahsildar/Respondent No. 4 and his men from interfering with the petitioners house properties bearing D.Nos. 7-160, 7-187, 7-181, 7-185, 7-186, 7-185, 7-163, 7-135, 7-139, 7-127, 11-14, 7-123/2, 7-122/1, 7-97, 2-168, 7- 7-104, 7-101, 7-96, 7-115 and 7-104 respectively in ASR 7-180 126/1, 7-90 Nagar, Palakoderu Village & Mandal, West Godavari District, A.P. Counsel for the Petitioners: SRI P DURGA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER APHC010086052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3328] PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4421/2025 Between: 1. JUTTIGA VENKATARATHNAM, S/0 VENKANNA, AGED ABOUT 73 YEARS, RESIDENT OF D.NO.7-160, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 2 DONGA NAGA LAKSHMI,, W/0 DONGA NAGAIAH, AGED ABOUT DNO.7-187, ASR NAGAR, WEST GODAVARI 28 YEARS. RESIDENT OF PALAKODERU VILLAGE AND MANDAL DISTRICT, A.P. 3 MALLULA SAVITHRI,, W/0 LATE LACHANNA, AGED ABOUT 83 YEARS RESIDENT OF D.NO.7-181, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P 4. JOGHI NARSAMMA,, W/0 PEDDIRAJU, AGED ABOUT 55 YEARS. RESIDENT OF D.NO. 7-185, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 5 GUDALA LAKSHMI,, W/0 G. SATYANARAYANA, AGED ABOUT 32 YEARS. RESIDENT OF D.NO.7-186, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 6. JOGI LAKSHMI,, W/0 NARASIMHA MURTHY, S/0 JOGI PEDDULU, AGED ABOUT 35 YEARS. RESIDENT OF D.NO.7-185, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 7. MALLULA SATYAVATHI LATCHANNA, AGED ABOUT 50 YEARS. RESIDENT OF D.N0.7- ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 8 VARRI LAKSHMI,, W/0 PEDDIRAJU, AGED ABOUT 41 YEARS, RESIDENT OF D.NO.7-163, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P S/0 M. PEDDULU, AGED ABOUT 51 W/0 THIMURTHULU, S/0 M. 180, 9. MALLULA SRINIVASULU,. YEARS. RESIDENT OF D.NO.7-135, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P 10.GUTTULA PADMA,, W/0 G. VEERANJANEYULU, AGED ABOUT 39 2 \ YEARS, RESIDENT OF D.NO.7-139, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 11 MACHA CHINA LAKSHMI,, W/0 M. SRINIVAS, AGED ABOUT 42 YEARS RESIDENT OF D.NO.7-127, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P 12.DEVAVARAPU SATYAVATHI,, W/0 SUBBA RAO, AGED ABOUT 65 YEARS. RESIDENT OF D.NO. 11-14, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 13.DONGA PARVATHI,, W/0 PANDU RANGAYYA, AGED ABOUT 37 YEARS. RESIDENT OF D.NO.7-123/2, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 14.MALLULA DURGA RAO ABOUT 34 YEARS. RESIDENT OF D.NO.7-122/1, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 15.PALA VENKATESWARA RAO,, S/0 NARASIMHULU, AGED ABOUT 56 YEARS. RESIDENT OF D.NO.7-97, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 16.JUTTIGA NAGA DURGA RAO,, S/0 J. BABURAO, AGED ABOUT 30 YEARS. RESIDENT OF D.NO.2-168, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 17 KOPPUSETTI RAMANA,, S/0 K. SATYANARAYANA, AGED ABOUT 33 YEARS, RESIDENT OF D.NO.7-126/1, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT A P is.mallula’ SATYA NARAYANA,, s/0 m. ramakrishna, aged ABOUT 43 YEARS. RESIDENT OF D.NO.7-90, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 19.NAGAVARAPU CHINNA,, W/0 SATYANARAYANA, AGED ABOUT 65 YEARS. RESIDENT OF D.NO.7-104, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 20.HANUMANTHU CHINNAMMA,, W/0 BHASKARA RAO, AGED ABOUT 56 YEARS. RESIDENT OF D.NO.7-101, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT A P 21.GANDIKOTA JAYARAJU,, S/0 G. SATYANARAYANA, AGED ABOUT 43 YEARS. RESIDENT OF D.NO.7-96, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 22.MALLULA VENKATESWARLU,, S/0 CHINA VENKANNA, AGED ABOUT 33 YEARS. RESIDENT OF D.NO.7-115, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. 23.NAGAVARAPU PAPARAO,, S/0 N. SATYANARAYANA, AGED S/0 M. VENKATESWAR RAO, AGED V 3 ABOUT 43 YEARS. RESIDENT OF D.NO.7-104, ASR NAGAR, PALAKODERU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT, A.P. ...PETITIONER(S) AND 1.THE STATE OF AP, REP.BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 3.THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM REVENUE DIVISION, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, PALAKODERU MANDAL. WEST GODAVARI DISTRICT. SECRETARY, VELAGAPUDI, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.P DURGA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri A.S.K.S. Bhargav, learned Counsel appearing on behalf of Sri P. Durga Prasad, learned Counsel for the Writ Petitioners and Sri Arjun Chowdary, learned Assistant Government Pleader for Revenue. 2. Sri Arjun Chowdary, learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar, Palacoderu, West Godavari District, dated 18.02.2025. Copy of it is also supplied to the learned Counsel for the Writ Petitioners. The same is taken on record. 3. The Written Instruction would indicate that the Writ Petitioners have declined to receive the notices issued under Section 7 as well as Section 6 of the A.P Land Encroachment Act, 1905 (for short the ‘Act’). 4 V 4. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the notices issued under Section 7 of the Act (Ex.P.3) dated 25.01.2025. Learned Counsel would submit that within three days of receipt of notices under Section 7 of the Act, the Writ Petitioners herein have submitted the written explanation on 28.01.2025. 5. The Written Instruction is silent about the written explanation submitted by the Writ Petitioners. Writ Petitioners have also placed on record the postal receipts evidencing the fact that the written explanation has been sent to the Official Respondents by way of registered post. 6. From the above facts, it is evident that the Official Respondents have neither acknowledged the receipt of the written explanation submitted by the Writ Petitioners dated 28.01.2025 nor have they referred to the receipt of written explanation in the final notices issued under Section 6 of the Act dated 04.02.2025 (Ex.P.1). 7. In this view of the matter, this Court is of the opinion that the Official Respondents have acted mechanically in issuing the notices under Section 6 of the Act, without considering the written explanation submitted by the Writ Petitioners. 8. In this view of the matter, notices issued under Section 6 of the Act are unsustainable in law, inasmuch as the same were issued by the complete non-application of mind. Accordingly, the notices issued under Section 6 of the Act dated 04.02.2025 (Ex.P.1) are set aside. There shall be a direction to the Official Respondents to consider the written explanation submitted by the Writ Petitioners objectively and pass a Speaking Order in accordance with law within a period of two weeks from today and communicate such Order to the Writ Petitioners forthwith. Since it is alleged by the Official Respondents that the Writ Petitioners have declined to accept notices under Section 7 & 6 of the Act, this Court would clarify that (he fact that the Writ Petitioners have \ % 5 approached this Court shall be treated as deemed notices. In any case, since the Writ Petitioners have properly responded by submitting explanation on 28.01.2025, it cannot be deemed that the Writ Petitioners have declined to receive notices issued by the Official Respondents. O.With these observations and directions, this Writ Petition allowed. No order as to costs. a written stands 10.Interlocutory Applications, if any, stand closed iq terms of this order. Sd/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SECTfoKfoPFICER To, 1. The Principal Secretary, Revenue Department, Secretariat. Velagapudi Amaravathi, Guntur District. y 2. The District Collector, West Godavari District, Bhimavaram. 3. The Revenue Divisional Officer, Bhimavaram Revenue Division Godavari District. 4. The Tahsildar, Palakoderu Mandal, West Godavari District. 5. One CC to Sri P Durga Prasad Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies West TF j HIGH COURT DATED;25/02/2025 ORDER WP.No.4421 of 2025 oO g 0 6 MAR 2025 . Current Section ALLOWING THE W.P., WITHOUT COSTS