IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NQ: 5011 OF 2025 AMARAV^Tl lo %■OVj PRASAD Between: 1) Kurra Malakondaiah s/o Pitchaiah, aged About 69 years, pcc: Labour, 2) Kurra Venkata Subbarao s/o Pitchaiah, aged About 65 years, occ: Labour, 3) Smt. Kurra Adilakshmi w/o Subbarao, aged about 51 years, occ: Labour, 4) Smt. Sanivini Nagendramma w/o Koteswara Rao Aged about 64 years, occ: Labou 5)Chimaladinne Sudhakar Rao s/o Kotaiah, aged About 54 years, occ: Labour 6) Smt. Malla Lakshmi w/o Beesu, aged about 60 years, occ: Labour 7) Smt. Bapireddy Rajani w/o Bapireddy Venkat Reddy Aged about 49 years, occ: Labour 8) Malla Srinivasa Rao s/o Hanumantha Rao, aged about 42 years, occ: Labour 9) Chimaladinne Mallikarjuna Rao s/o Kotaiah, aged about 44 years, ocC: Labour 10) Bakka Suresh s/o Ramulu, aged about 38 years, occ: Labour 11) Goli Muniswamy s/o Munian, aged about 60 years, occ: Labour 12) Smt. Boddu Sunitha w/o Koteswara Rao, Aged about 43 years, occ: Labour 13) Smt. Kurra Kumari w/o Malakondaiah, aged about 50 years, occ: Labou 14) Velicherla Nagendra Raju s/o Kotaiah, aged about 55 Years, occ: Labour 15) Shaik Nagaur Vali s/o Khalif Vali, aged 42 About years, occ: Labour All are residing at Indira Colony, Koppolu Road, OngoleTown, Prakasam District ..Petitioners and 1) The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravati, Guntur District 2) The District Collector, Prakasam District At Ongole. 3) The Tahsildar & Mandal Executive Magistrate Ongole Mandal, Prakasam Distict. 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 an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.3 in threatening to dispossess the petitioners from their respective houses situated at Indira Nagar, Koppolu Road, Ongole Town, Prakasam District, without passing any orders on the individual explanations dt. 16-12-2024 and 18-12- 2024 to the notices dt. 9-4-2024 as being illegal, arbitrary, unjust, unconstitutional and violaitve of Article 21 and 300-A of the Constitution of India and consequently direct the respondent No.3 not to take any coercive steps without following the due process of Law, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. ..Respondents more lA 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 to direct the respondent No.3 not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioners in respect of their houses situated at Indira Nagar, Koppolu Road, Ongole Town, Prakasam District, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioners: SRI P. L. RAO Counsel for the Respondent Nos.1 to 3: SRI T. SANJEEVA RAO, AGP FOR REVENUE The Court made the following: ORDER r ^ 1 APHC010096692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5011/2025 Between: 1. KURRA MALAKONDAIAH, S/0 PITCHAIAH, AGED ABOUT 69 YEARS, OCC LABOUR, 2. KURRA VENKATA SUBBARAO, S/0 PITCHAIAH, AGED ABOUT 65 YEARS, OCC LABOUR, 3. SMT. KURRA ADILAKSHMI, W/0 SUBBARAO, AGED ABOUT 51 YEARS, OCC LABOUR, 4. SMT. SANIVINI NAGENDRAMMA, W/0 KOTESWARA RAO AGED ABOUT 64 YEARS, OCC LABOU 5. CHIMALADINNE SUDHAKAR RAO, S/0 KOTAIAH, AGED ABOUT 54 YEARS, OCC LABOUR 6. SMT. MALLA LAKSHMI, W/0 BEESU, AGED ABOUT 60 YEARS, OCC LABOUR 7. SMT. BAPIREDDY RAJANI, W/0 BAPIREDDY VENKAT REDDY AGED ABOUT 49 YEARS, OCC LABOUR 8. MALLA SRINIVASA RAO, S/0 HANUMANTHA RAO, AGED ABOUT 42 YEARS, OCC LABOUR 9. CHIMALADINNE MALLIKARJUNA RAO, S/0 KOTAIAH, ABOUT 44 YEARS, OCC LABOUR 10.BAKKA SURESH, S/0 RAMULU, AGED ABOUT 38 YEARS, OCC LABOUR AGED 2 11.G0LI MUNISWAMY, S/0 MUNIAN, AGED ABOUT LABOUR 12.SMT. BODDU SUNITHA, W/0 KOTESWARA RAO YEARS, OCC LABOUR 13.SMT. KURRA KUMARI, W/0 MALAKONDAIAH, AGED ABOUT 50 YEARS, OCC LABOUR 14.VELICHERLA NAGENDRA RAJU, S/0 KOTAIAH YEARS, OCC LABOUR 60 YEARS, OCC AGED ABOUT43 AGED ABOUT 55 15.SHAIK NAGAUR VALI, S/0 KHALIF VALI, AGED OCC LABOUR 42 ABOUT YEARS ALL ARE RESIDING AT INDIRA COLONY KOPPOLU ROAD, ONGOLE TOWN, PRAKASAM DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH DEPARTMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3.THE TAHSILDAR AND MANDAL ONGOLE MANDAL, PRAKASAM DISTICT. REP. BY ITS PRINCIPAL SECRETARIAT, SECRETARY, REVENUE EXECUTIVE MAGISTRATE ...RESPONDENT(S): Counsel for the Petttioner(S): 1.PLRAO Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri P.L. Rao, Ld. Counsel for the Writ Petitioners Sanjeeva Rao, Ld. Asst. Government Pleader for Revenue. 2. Learned Counsel for the Writ Petitioners has drawn the attention this Court to the Notices which are issued to the Writ Petitioners under Section and Sri T. of / 7 O' Learned Counsel for the Writ the Official Respondents have also issued of the Madras 3 Act, 1905 (Ex.P.1). Petitioners would submit that Notices under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 on 11.02.2025. Learned Counsel for the Writ Petitioners would submit that 6 of the Andhra Pradesh Land the Notices issued under Section Encroachment Act, 1905 are in consequence Petitioners under Section 7 of the Madras Act 3 of 1905. of the Notice issued to the Writ of notice under section 7 of the It is submitted that the issuance Madras Act 3 of 1905 itself is perse illegal inasmuch as the said Madras Act 3 of 1905, is not in existence in the state of Andhra Pradesh. 3. This Court is in agreement with the submissions made by the learned Counsel for the Writ Petitioners that it is illegal on the part of the issued notices Under Section 7 of the Madras 4. Official Respondents to have Act 3 of 1905. Accordingly, the impugned Notices which are issued under the root of the matter. Therefore, all the Madras Act 3 of 1905 go to the very notices issued under section 7 of the Madras Act 3 of 1905 are set aside. As a , the subsequent Notices issued under Section 6 of Encroachment Act, 1905 are also unsustainable in necessary consequence the Andhra Pradesh Land law. Accordingly, they are also set aside. the Official Respondents to initiate fresh Liberty is given to proceedings in accordance with law, if so advised. 5. and directions, this Writ Petition stand With these observations allowed. No order as to costs. Interlocutory Applications, if any, stand closed Jn terms of this 6. 7. order. SD/- K. TATA RAO ;gistrar DEPUTY //TRUE COPY// SECTION OFFICER To Department, State of Andhra 1 The Principal Secretary, Revenue Pradesh. Secretariat, Velagapudi, Amaravati, Guntur District #^7 2. The District Collector, Prakasam District At Ongole. 3. The Tahsildar and Mandal Executive Magistrate, Ongole Mandal, Prakasam Distict. 4. One CC to Sri P. L. Rao, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb IP HIGH COURT DATED:24/02/2025 ORDER WP.No.5011 of 2025 _ O' oF r g 01 M*R 2025 " ^ . Current SMuon ALLOWING THE W.P. WITHOUT COSTS