IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5000 OF 2025 Between: Mekala Venkata Krishna Reddy, S/o M.Yerram Reddy, Aged about 50 years, Occ: Agriculture, Resident of D.No.1-1262, Kotapalle village. Filer Mandal, Annamayya District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rayachoty, Annamayya District. 4. The Tahsildar, Filer Mandal, Annamayya 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 may be pleased to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in trying to demolish the residential house made in an extent of Ac.0.06 cents in Sy.No.565/3 and 564, situated in Kotapalli road. Filer village and Mandal, Annamayya District without passing any order on my explanation dated 23-12-2024 submitted to the Show cause notice vide Ref.Roc.265/2024, dated 09-12-2024 issued by the 4**^ respondent under Section 7 of A.P. Land Encroachment Act, 1905 is illegal, arbitrary; unconstitutional and unconstitutional and also violation of principles of natural justice and consequently direct the respondents not to demolish the petitioner’s House. 1- 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 respondents 2 to 4 not demolish the residential house made in an extent of Ac.0.06 cents in Sy.No.565/3 and 564, situated in Kotapalli road. Filer village and Mandal, Annamayya District without following due process of law, pending disposal of the Writ petition before this Honourable Court Counsel for the Petitioner: SRI VUTUPALLI RAJANNA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER 1 MV,J W.P.No.5000 of 2025 fv APHC010096682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5000/2025 Between: Mekala Venkata Krishna Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 NV,J W.P.No.5000 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India, declaring the action of Respondent Nos.2 to 4 in trying to demolish the residential house in an extent of Ac.0-06 cents in Sy.No.565/3 and 564, * situated in Kotapalli Road, Filer Village and Mandal, Annamayya District without passing any order on the explanation of the petitioner dated 23.12.2024 submitted to the show cause notice Ref.Roc.265/2024 dated 09.12.2024 issued by the 4^" respondent under Section 7 of the A.P. Land Encroachment Act, 1905 as illegal, arbitrary and consequently direct the respondents not to demolish the petitioner’s house. 1. Learned counsel for the petitioner submits that, the petitioner was assigned house site patta in respect of Ac.0-02 14 cents in Sy.No.564, Filer Village and Mandal, Annamayya District. The petitioner got constructed house in the said land by virtue of permission granted by the Gram Fanchayat vide proceedings B.A.No.39/2023-24 dated 05.06.2023. Learned counsel submits that. Respondent No.4 issued Notice in ROC/265/2024 dated 09.12.2024 under Section 7 of the A.P. Land Encroachment Act, 1905, alleging that the petitioner occupied the land of an extent of Ac.0-06 cents in Sy.No.564 belonging to the Government and constructed function hall building. Learned counsel submits that, the petitioner submitted his explanation dated 23.12.2024 to the show cause notice and after submission of the explanation. 2. 3 NV,J W.P.No.5000 of 2025 Respondent No.4 neither issued any Form-6 Notice nor issued any proceedings. Without passing any final order, the respondents got demolished part of the construction/ function hall of the petitioner and also tried to demolish remaining construction. Hence the writ petition. 3. Learned Government Pleader for Revenue furnished written instructions submitted by the Tahsildar, Filer in Roc.A/25/2024 dated 21.03.2025, stating that the petitionerhas constructeda function hall in an extent of Ac.0-10 cents of land, in which patta land is to an extent of Ac.0-04 cents in Sy.No.55/2, 3 only and remaining extent of Ac.0-0 cents is government land in Sy.No.564 of Filer Village and Mandal. The petitioner is trying to encroach the government land to an extent of Ac.0-06 cents in Sy.No.564 of Filer Village which is adjoining to his patta land. It is submitted that, originally, the land of an extent of Ac.0-78 cents in Sy.No.564 is classified as UAW (Gayalu) as per A- Register of Filer Village and it is also recorded as governmentland in webland records and no house site pattas were issued to the petitioner and his family members over the said government land. The petitioner does not come under BPL category and he has encroached valuable government land which is situated in Filer town and mandal. It is further submitted that the petitioner is also trying to encroach the water source poramboke land in Sy.No.553/1 to an extent of Ac.0-085 cents of Filer Village and Mandal, as such, encroachment notice in Form-VII vide Roc.A/223/2024 dated 23.10.2024 was issued to him. 4 NVJ W.P.No.5000 of 2025 Based on the written instructions furnished by the Tahsildar, Filer, learned Government Pleader would submit that the patta which was said to have been granted to the petitioner and filed along with the writ petition is not a genuine patta and on the guise of the said patta, the petitioner occupied the government land admeasuring an extent of Ac.0-10 cents in Sy.No.564 and also an extent of Ac.0-085 cents in Sy.No.553/1 of Filer Village and Mandal, for which he was issued notice under Section 7 of the A.P. Land Encroachment Act. Learned Government Pleader would further submit that, alleged by the learhed counsel for the petitioner, no explanation was received in the office of Respondent No.4/Tahsildar from the petitioner to the show cause notice. He also submits that, the Tahsildar did not pass any order under Section 6 of the A.P. Land Encroachment Act and it is pending for consideration and requested to dismiss the writ petition. 4. as I Heard learned counsel for the petitioner and learned Government Pleader for Revenue and perused the material available on record. 5. As seen from the material on record. Notice dated 09.12.2024 was issued to the petitioner under Section 7 of the A.P. Land Encroachment Act. The petitioner submitted explanation on 23.12.2024 to the show cause notice. However, no endorsement of the office of the Tahsildar can be seen acknowledging the receipt of explanation of the petitioner. Hence, the petitioner is permitted to submit detailed explanation to Respondent No.4 6. 5 NV,J W.P.No.5000 of 2025 > within a period of one week from the date of receipt of copy of this order. Thereupon, on such explanation, Respondent No.4 shall consider the same and pass appropriate orders, after affording opportunity of hearing to the petitioner as well as other stakeholders, if any, in accordance with law, within a period of two (02) months thereafter. Till decision is taken and appropriate orders are passed by Respondent No.4, all the parties are directed to maintain status quo in respect of the subject property. 7. With the above direction, writ petition is disposed of at the stage of admission, with the consent of both the parties. No costs. 8. Consequently, miscellaneous applications pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rayachoty, Annamayya District. 4. The Tahsildar, Piler Mandal, Annamayya District. 5. One CC to Sri Vutupalli Rajanna, Advocate [OPUC] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. To, ssb HIGH COURT DATED:21/03/2025 5 26 MAR 2025 ? a ORDER WP.No.5000 of 2025 C». ^ . Current Section . STAGE OF ADMISSION WITHOUT COSTS